The Food Act report 2017
Prioritising food safety and strengthening regulation
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Authorised and published by the Victorian Government, 1 Treasury Place, Melbourne. © State of Victoria, Department of Health and Human Services, July 2019. ISBN 978-1-925947-34-2 (pdf/online/MS word) Available at
Message from the Chief Health Officer
Victorians are rightly proud of our state’s vibrant food industry, with its reputation for quality, diversity and innovation. Through the Food Safety Unit in the Health Protection Branch, the Department of Health and Human Services regulates and supports this vital industry, protecting consumers’ health and wellbeing, and safeguarding the important social and economic values that food production and service have for Victoria. The unit’s role includes monitoring, educating, engaging and collaborating with the industry, as well as supporting local council officers and food businesses to assess and manage food risk. Alongside its statutory functions set out in the Victorian Food Act 1984, the Food Safety Unit also develops strategic regulatory policy, and works to achieve a healthier population through the Chief Health Officer and the broader Health Protection, Regulation and Emergency Management division. Another of the Food Safety Unit’s critical tasks is supporting the Minister for Health’s duties as lead representative of the Australia and New Zealand Ministerial Forum on Food Regulation. This involves providing input into the national process of making food law, and working together with PrimeSafe, Dairy Food Safety Victoria, the Department of Economic Development, Jobs, Transport and Resources, and local councils. This annual report provides an excellent insight into the wide range of activities and work the unit undertook in 2017 to support and collaborate with Victorian food regulators, and provide educational opportunities, training, skills development and advice. It is with pleasure that I commend the Food Act report 2017: prioritising food safety and strengthening regulation, which sets out the unit’s contribution to improving the health and wellbeing of the Victorian community.
Dr Brett Sutton Chief Health Officer Department of Health and Human Services Contents
Message from the Chief Health Officer ...... 3
Collaborating on food safety ...... 9 Food regulation system ...... 9 The Food Safety Unit, Department of Health and Human Services ...... 10
Strengthening regulation...... 12 Ministerial Statement of Expectations ...... 12 Key activities in 2017 ...... 16
Supporting training and professional development...... 18 Food allergen workshops ...... 18 EHO orientation workshop ...... 18 Environmental Health Professionals Australia and EHO professional development...... 18 Approved auditor forums ...... 19 Food safety leaders’ forums ...... 19
Prioritising food safety ...... 21 Fermentation supplement...... 21 Sale of low THC hemp seeds as food...... 22 Salmonella Strategy update ...... 24
Improving our key resources ...... 27 FoodSmart ...... 27 DoFoodSafely ...... 27 Updating the food surveillance sampling app...... 28
Communication ...... 30 Stakeholder engagement and communication ...... 30 Websites and webpages ...... 30 Food safety hotline and email box ...... 30 Streatrader email box ...... 30 Food safety campaigns ...... 31
The count ...... 32 Fixed, temporary and mobile food premises (class 1–4) ...... 32 Victorian food safety surveillance and surveys ...... 35 Notifiable microorganisms in food...... 36 Mandatory reporting of food-related illness, injury or death under Australian consumer law .. 38 Food recalls ...... 38 Complaints...... 40 Convictions under the Act ...... 41 Types of offences and premises ...... 42 Penalties...... 42 Temporary closures, suspensions and revoked registrations ...... 43 Appendix 1: Major food safety related committees ...... 45 Appendix 2: Resources, publications and presentations ...... 54
Appendix 3: Data sources, specifications and limitations ...... 57
Appendix 4: Class 1–3 fixed food premises registrations by municipality and class ...... 64
Appendix 5: Class 2–4 temporary and mobile food premises new registrations/notifications and renewals by class and premises type ...... 67
Appendix 6: Class 2–4 temporary and mobile food premises registrations/notifications by proprietor type, class and municipality ...... 76
Appendix 7: New class 4 temporary and mobile food premises notifications by principal council ...... 81
Appendix 8: Class 1-3 fixed food premises registration type by municipality...... 84
Appendix 9: Compliance checks conducted at class 1–3 fixed food premises by class and municipality...... 91
Appendix 10: Compliance checks conducted at class 2–4 temporary and mobile food premises...... 97
Appendix 11: Enforcement action by councils for offences in relation to class 1–3 food fixed premises by class ...... 100
Appendix 12: Enforcement action by council by premises type ...... 105
Appendix 13: Offences under the Act that resulted in a conviction, by type of offence ... 128
Appendix 14: Glossary of terms...... 137 Appendix 15: Text equivalent descriptions of figures ...... 144
Figures
Figure 1: Food regulation in Australia and New Zealand ...... 10
Figure 2: Results of the ‘Alcohol in brewed soft drink – the Victorian Survey’ poster ...... 22
Figure 3: Poster for stakeholders on the ‘Sale of low THC hemp as a food’...... 24 Figure 4: Guide for food businesses on the safe preparation of raw egg products...... 25
Figure 5: Proposed new FoodSmart home page ...... 27
Figure 6: DoFoodSafely home page...... 28
Figure 7: Chief Health Officer’s advisory on poisonous mushrooms growing in Melbourne ...... 31
Figure 8: Fixed, mobile and temporary food premises registrations in 2017 across Victoria ...... 33
Figure 9: Snapshot of fixed, mobile and temporary food premises in Victoria in 2017 ...... 34
Figure 10: Number of total infringement notices issued by councils to fixed premises since 2014 ...... 35
Figure 11: Statutory food surveillance tests conducted on food samples by type of testing ...... 36
Figure 12: Food recalls across Australia in 2017 ...... 39
Tables
Table 1: FSU Regulator Action Plan 2016–17 ...... 13
Table 2: Total class 1–3 fixed food premises registrations by type in 2017 ...... 32
Table 3: Statutory food surveillance tests on food samples by premises classification, 2017 ...... 36
Table 4: Reports of notifiable microorganisms, 2017 ...... 37
Table 5: Number of reported notifiable microorganisms in food received from laboratories, 2014-17 ...... 38
Table 6: Food recalls by reason and country of origin, 2017...... 39
Table 7: Food recalls involving Australian companies by reason, 2014–17 ...... 40
Table 8: Outcomes of inspections following a public complaint ...... 40
Table 9: Convictions under the Act by local council area ...... 41 Table 10: Food premises closures, Victoria 2017...... 43
Collaborating on food safety
The Food Act report 2017: prioritising food safety and strengthening regulation provides food businesses, food regulators and the Victorian community with an account of activities undertaken by the Department of Health and Human Services (the department) to ensure the preparation and sale of food that is safe, suitable and appropriately labelled. To achieve its goals, the department works collaboratively with Victoria’s food regulators, the Commonwealth and other state partners to support food safety. Some of the data reported here is stipulated under the Victorian Food Act 19841 (the Act) s. 7C, while other data provides an interesting snapshot of the food industry in 2017.
Food regulation system The Australia and New Zealand joint food regulatory system is designed to protect the health and safety of consumers. It is a complex system of laws, policies, standards, regulations, rules and guidance documents that inform a widely dispersed and varied industry and consumers about food safety, labelling, composition and food-handling requirements. The system is designed to ensure consistent regulation across all Australian states and territories and New Zealand, and that regulation is appropriate and proportionate to the food safety risk being managed. In Australia, three levels of government share responsibility for developing and/or administering food laws (see Figure 1). The Commonwealth, state and territory governments jointly develop national food standards, which together make up the Australia New Zealand Food Standards Code (the Code). The Food Safety Unit (FSU) works with colleagues from the Department of Economic Development, Jobs, Transport and Resources (DEDJTR) and its statutory agencies PrimeSafe and Dairy Food Safety Victoria to provide whole-of-Victorian-government input into the process of making those standards. Once those standards are made, they are automatically adopted as law in all Australian states and territories. In Victoria, like most other states and territories, those laws are administered by local government. The Australia and New Zealand Ministerial Forum on Food Regulation (the Forum) sits at the head of the bi-national food regulatory system and is supported in policy development by the Food Regulation Standing Committee (FRSC) and by the scientific and technical knowledge of Food Standards Australia New Zealand. The department supports the Minister for Health in her role as Victoria’s lead minister on the Forum, including intra- and inter-departmental coordination of advice and activities, to provide a whole-of-Victorian-government response to national food regulation issues.
1 A PDF copy of the Victorian Food Act 1984 is available at:
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Figure 1: Food regulation in Australia and New Zealand 2
The Implementation Subcommittee for Food Regulation (ISFR), which is a subcommittee of the FRSC is charged with ensuring that implementation of the Code is undertaken consistently by all Australian and New Zealand regulators. Victorian representation is important at this level to ensure the protection of Victorian consumers and food businesses is adequately considered, maintaining a strong Victorian food industry and a healthy community.
The Food Safety Unit, Department of Health and Human Services The Food Safety Unit (FSU) is part of the Health Protection Branch in the Regulation, Health Protection and Emergency Management Division in the Department of Health and Human Services (the department). The FSU does not directly regulate food businesses under the Act, that function is devolved to local governments. Instead, the Food Safety Unit has other statutory functions as outlined in the Act. These functions include promoting the objectives of the Act and its consistent administration through the provision of information and guidance to local governments, authorised officers and food safety auditors. The FSU also:
2 Based on a diagram sourced from the Department of Agriculture Victoria
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• approves food safety auditors, authorises analysts, provides basic food handling information, guidance and education for food businesses and the general community • undertakes food safety risk assessments, incident investigations and responds where there are regional, statewide or national food safety incidents, including food recalls and participation in the work of the National Food Safety Network and National Food Incident Response Working Group. The FSU has a statutory role to facilitate the Chief Health Officer to exercise his/her powers and functions under the Act, as delegated by the Secretary. This includes the power to mandate a company to recall food from the marketplace where a serious danger to public health has been identified. The FSU works closely with Agriculture Victoria, a Division of the Department of Economic Development, Jobs, Transport and Resources (DEDJTR). This collaboration recognises that food safety starts in production, in the growing, rearing and cropping of food, and extends through transport, processing and manufacture to the food service and retail sectors and to the consumer. At any point in this supply chain, food can be contaminated, posing a risk to consumers, and this close working relationship contributes to the identification and management of food safety risks. The FSU is a member of the FRSC, the ISFR, and other national food safety committees established to promote the objectives of the bi-national food regulation system and supports public health through regulatory policy development, as well as working directly with food manufacturers, businesses, educational institutions and consumers. This collaborative approach has the aim of influencing thinking, policy and programs to achieve a healthier Victorian community. For more information about the FSU and its activities see Appendix 1 or visit health.vic at
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Strengthening regulation
The department identified several key areas of activity to support and strengthen food safety regulation and prioritise food safety in Victoria in 2017, informed by the Statement of Ministerial Expectations and supported by the FSU Regulator Plan. In 2017, the FSU focused on programs and projects that are underpinned by risk assessment and risk management, and that improve consistency in the application of regulatory practice. Collaboration with key stakeholders, including our interjurisdictional partners, Victorian food regulators, along with support and resources for peak bodies, such as Environmental Health Professionals Australia (EHPA), underpin the work being undertaken.
Ministerial Statement of Expectations
Better regulatory practice framework
The Ministerial Statement of Expectations is developed for department regulators to establish clear expectations for their performance and improvement. The FSU received a Ministerial Statement of Expectations for the period of 1 July 2016 to 30 June 2017 (subsequently extended to 31 December 2017). The department was pleased to report to the Minister for Health that the performance targets for improvement actions were either met or would be met in 2018. For example, on 9 February 2017, kilojoule labelling legislation passed into law that will come into effect on 1 May 2018. While delays in passing this legislation postponed implementation plans, progress continues to be made, including the development of a communication plan and materials to support local councils and food businesses to meet their obligations under the new legislation. In response to the Ministerial Statement of Expectations, the FSU developed their regulator action plan 2016–17. The purpose to the action plan is to ensure that the Minister’s expectations are met. Key actions undertaken by the FSU in 2016–17 included: • the Food Safety Risk Assessment Project pilot and guidance materials for local councils • the updating and re-issue of the revised Food safety auditor’s handbook to all approved auditors • revised the DoFoodSafely program to enhance allergen awareness and management components for food handlers. For more information about the FSU Regulators Action Plan 2016–17, please see Table 1.
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Table 1: FSU Regulator Action Plan 2016–17
Performance improvement Actions Performance targets Progress update as at 31 December 2017 Providing clear and effective Work with industry and unions to Agree on appropriate communication Kilojoule labelling legislation communication to chain food agree on appropriate communication tools for businesses and employees commences on 1 May 2018. businesses, supermarkets and local tools targeting business and by March 2017. Key stakeholders were consulted on government stakeholders about their employees, providing information Agree on appropriate communication the key elements of the proposed obligations under proposed and about kilojoule labelling laws. tools for state and local government communication tools. publicly announced kilojoule labelling Work with councils and the Municipal enforcement officers by March 2017. laws. To facilitate a smooth transition In February 2017 an information sheet Association of Victoria (as well as to the new laws when they take effect, Develop communication materials for about the laws was distributed to internally with officers from the Food communication will be appropriately businesses and employees by June councils, affected chain food Safety Unit) to agree on appropriate targeted and accessible to 2017. businesses and chain supermarkets, communication tools for state and stakeholders. To this end the Unit will with input from key stakeholders. The local government enforcement Develop communication tools for seek input from industry, unions and information sheet promoted an officers. enforcement officers by June 2017. local government stakeholders in information line and website for relation to: Work with industry and unions to further information and guidance develop communication materials about the changes. • a proposed communication strategy targeting business and employees to support kilojoule labelling laws An information sheet for medium about kilojoule labelling laws. • draft material to be provided to sized supermarkets was distributed in stakeholders informing them about Work with local government (as well October 2017, with input from peak the new laws. as internally with officers from the bodies representing medium sized Food Safety Unit) to develop supermarkets. communication tools informing An information sheet on calculating enforcement officers about the new the kilojoule content of standard food laws and how to enforce these. items was developed in consultation with peak bodies representing medium sized supermarkets. Face to face meetings were held with chain food businesses to provide advice about the laws. Phone and email advice was provided to around 30 businesses.
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Performance improvement Actions Performance targets Progress update as at 31 December 2017 A detailed user guide for businesses was developed and is available on the Food Safety Unit website. A free kilojoule assessment service was offered to newly affected businesses. Six businesses requested assistance and received either a free kilojoule assessment of their menu items, or training to use online software to calculate kilojoule content. Consultation with enforcement officers took place at the Environmental Health Professionals Association conference in September 2017 to introduce the scheme and obligations for enforcement officers. A draft user guide for enforcement officers is under development and will be communicated through the Food Safety Unit website for completion prior to 1 May 2018.
Improving local government risk Completion of training of 30 local Undertake training for enforcement The pilot of the Food Safety Risk management practices in relation to government enforcement officers at 7 officers by 30 June 2017 Assessment Project was attended by assessing compliance of food local governments’, with a view of seven local council agencies. A total Develop guidance materials for premises, with food safety legislation. developing a suitable training program of 30 environmental health officers enforcement officers by 30 June 2017 This will be achieved through to be rolled out across the state. and other enforcement officers activities to be undertaken by the participated. Guidance materials developed and Food Safety Unit including: disseminated. Guidance materials including the • training local government Food safety assessment methodology enforcement officers in risk-based guide is under development in inspections of food premises consultation with enforcement • developing and disseminating officers. The final publication is improved guidance material for planned for February 2018. local government.
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Performance improvement Actions Performance targets Progress update as at 31 December 2017 Improving the accountability of the Develop, trial and finalise the Audit Develop, trial and finalise the Audit The development of the Audit the Food Safety Audit system by: the Auditor program. the Auditor program by 30 June 2017 Auditor program was completed in August 2017 and is being trialled until • developing and implementing a Revised Auditors handbook re-issued. Revised Auditors handbook re-issued 30 June 2018. program to assess the competency by 1 May 2016
of department approved auditors, The revised Auditors handbook was
during the audit process re-issued and disseminated to all • revising and disseminating approved auditors. guidance material for auditors regarding their obligations under the Food Act 1984. Improving risk management, in Finalisation of departmental Class 1 Food Allergen Management report The Food Allergen Management relation to food allergens and food premises: food allergen completed by 30 June 2017 report was revised to become a intolerances. This will focus management report (including project with a focus on higher risk Development of content into Victorian particularly on small to medium sized recommendations). This report will Class 1 premises. The revised project Food Safety Supervisor competency businesses, with the aim of protecting inform communication about allergens completed data collection regarding standards by 30 June 2017 the safety of Victorian consumers. to stakeholders, including food the management of food allergens This will be achieved through businesses and the food services Revised DoFoodSafely program from five Victorian hospitals. The final activities such as providing more sector. active online by 30 June 2017 report, including recommendations is targeted information and training for planned for completion by June 2018. Development and inclusion of food food safety supervisors, food allergen training content into Victorian Victoria contributes to the handlers, food safety auditors and Food Safety Supervisor competency development of National Food Safety enforcement officers in local standards. Supervisor competency standards government, related to food allergens through the national food regulation and food intolerances. Revised Do Food Safely program system. Recommendations from the active online. national working group were finalised and provided to the Food Regulation Standing Committee for consideration. The content for the DoFoodSafely program was finalised by December 2017. Due to challenges finalising the new web platform, the revised Do Food Safely program is planned to be active by February 2018.
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Key activities in 2017
Continuous improvement in regulatory practice The department has also developed the Better Regulatory Practice Framework to provide a clear focus on regulatory outcomes, demonstrate a risk-based approach to regulation, inform organisational improvement and improve engagement with stakeholders. The department is committed to improving efficiency in regulatory activities and has outlined the outcomes, key risks, regulatory tools, and the way we measure performance in the FSU Regulator Action Plan
A new food safety reporting process for councils Under the Act, Victorian local councils are required to comply with the provision of information to the department under s. 7D. This involves the submission of quarterly data to the department that relates to fixed premises. Data submitted by council to the department includes: • number of registrations/notifications • food premises registration status, premises type and classification • any enforcement action taken by council • inspection/assessment/audits conducted and the outcome • complaints received • food recalls actioned. Historically, a range of issues resulted in councils struggling to comply with their obligations under the Act. Issues included problems in the transmission of data and understanding error messages when entering or amending records. In 2017, the FSU developed and introduced a new food safety reporting database for councils that improves communication between councils and the department when councils submit their data. The new database provides a simplified upload process, addressing the previous usability challenges faced by councils, and real-time reports for councils. The new database supports the aim of the department to strengthen regulation by making compliance simple, straightforward for both councils and the department. The first opportunity for councils to use this database was at the expiry of quarter four (calendar year), which saw immediate improvements in meeting the submission due date. To facilitate this transition, the department provided significant assistance to councils, including one-on-one training sessions to 78 of the 79 local councils across Victoria. The FSU continues to provide telephone and email support to councils to ensure a smooth transition.
Food Safety Risk Assessment Project In 2017, the FSU implemented a new risk assessment approach for environmental health officers (EHOs) to use when conducting food premises inspections. Prior to 2017, and without any policy guidance from the department, Victoria’s 79 local councils formulated their own individual approaches to food premises inspections. This resulted in a lack of consistency of approach across the state. The FSU’s new Food Safety Risk Assessment Project was developed to provide greater consistency in the conduct of food premises inspections and is underpinned by policy that requires inspections to be based on an assessment of the type of food produced, the hazards associated with producing the food, and an assessment of the control measures implemented by the business to ensure that the food produced is safe.
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Initial work on the Food Safety Risk Assessment Project commenced in 2016 with consultants James C Smith and Associates developing a Food safety risk assessment guide (the guide) and implementation project to support a pilot stage. Seven local councils piloted the guide. At the end of the pilot stage, the guide was evaluated, and findings and feedback from participants were included in the updated and revised version of the guide. In 2017, the first two stages of the rollout of the guide commenced with 27 council EHOs volunteering for training in the new approach. Of the 27 councils undertaking the project, only three councils were unable to complete the training. Stage 1 saw 10 councils involved in a one-day workshop on the methodology of the guide and its implementation. Additional support and assistance were provided by the consultant, including two visits to each council, one of which involved an on-site assessment inspection of a food premises by an EHO. Stage 2 involved a further 17 councils, with one change to stage 1 – the introduction of a peer support program for all councils in both stages. This included the development of an online training video on how to act as a peer support council. Each stage 2 council was assigned a peer support council. Both groups of councils appreciated this peer support process, which also assisted with one of the key aims of the project – to provide greater consistency amongst councils in how food inspections are undertaken. The department would like to thank all councils involved in the project for their time and commitment to this new approach to food safety. Pending an independent evaluation, the project will be rolled out to all Victorian councils.
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Supporting training and professional development
The department is committed to informing our food safety stakeholders about the latest information, advice and directions in food safety in Victoria and nationwide. Staff in the FSU provided a range of workshops, forums, guides and advice in 2017 (see ‘Appendix 2: Resources, publications and presentations’ for a full list). Food allergen workshops Food allergies and intolerances have become an increasing public and personal health burden. They contribute to significant social and economic impacts, including lost productivity, health system expenditure and reduced quality of life for food sensitive individuals and their families. An example of the progressive work undertaken by a local council in this area is Mornington Peninsula Shire Council (MPSC). MPSC implemented several strategies to support local food businesses to meet the food allergen requirements of the Code. The department evaluated the effectiveness of food allergen management strategies implemented by MPSC with the aim of identifying successful strategies to share with other local councils in Victoria. The FSU delivered five workshops to a total of approximately 80 EHOs regarding the outcomes of the evaluation, providing an opportunity to explore with EHOs their experiences and training needs relating to food allergens. These workshops will inform the department’s decisions regarding how best to support EHOs to manage food allergen issues with local food businesses.
EHO orientation workshop The role of the EHO is complex and diverse, covering infectious disease prevention, safe water and air, tobacco regulation, emergency and incident management and food safety. Food safety is, however, the largest component of an EHO’s workload. The FSU ran two one-day orientation workshops for a total of 27 local council EHOs in June and November in 2017. These workshops welcome new and returning EHOs, assist them to understand the scope of their legislated and other roles, as well as build supporting relationships between each other and the department. The workshops delivered an overview of the food regulatory system and briefed attendees on key aspects of their roles in registering food premises, auditing under the Act, assessing food safety hazards, undertaking investigations, food surveillance and sampling, and enforcing legal requirements under the Act. There were also interactive group scenarios and quizzes to test attendees’ knowledge and understanding, as well as time for questions and discussion. Attendees reported that the session gave them a deeper understanding of what is required under the Act. They also valued the chance to compare notes with peers from other councils, and using the tools and materials provided on the day in their fieldwork. Environmental Health Professionals Australia and EHO professional development The department collaborates with the Environmental Health Professionals Australia (EHPA), a professional association representing EHOs, to provide professional development opportunities for local
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council EHOs. The objective of the partnership is to provide information and training for Victorian EHOs that supports them to perform their statutory obligations under public health legislation to the highest standard. The FSU takes a lead role for the department in this important partnership. The first event of 2017 was a one-day forum held in February at the Moonee Valley racecourse and attended by 170 delegates. The program contained a variety of food regulatory issues facing council EHOs. In particular, it focused on the revised version of Safe Food Australia, which is the Food Standards Australia New Zealand (FSANZ) guide to the Code, as well as challenges with determining the shelf life of foods, and information about the Food Safety Assessment Project. The evaluation report provided to the department by EHPA was very positive on all aspects of the day. The main event of the year was the EHPA three-day symposium titled ‘Environmental health in a connected world’, held at the Melbourne Convention and Exhibition Centre in September 2017. The program, developed by a committee of representatives from EHPA, the department, Bayside City Council, Glen Eira City Council and the City of Casey, included a mix of large, full group sessions in the main auditorium, 18 small group workshops and field trips over the three days. In keeping with the theme of the symposium, the first day featured a keynote speaker, Simon Waller, a renowned author and advocate of engaging technology in the workplace. The best received of the food safety workshops presented by the department were the preserving food workshops and a session titled ‘The Food Act: 79 shades of grey’ exploring the wide variety of council interpretations of the Act.
Approved auditor forums Approved auditors are independent persons engaged by food businesses to provide third-party food safety audits, and advice on food safety management systems and compliance with the Code. The Secretary of the department has the authority to approve third-party auditors to conduct food safety audits under the Act. The auditor forums provide an opportunity to calibrate auditor knowledge on food safety issues and reporting requirements, as well as an opportunity for auditors to seek clarification on areas of concern and interest. The department commits to conduct at least one forum a year to meet with this key stakeholder group, given their key role within the operation of food safety legislation. Fifty-two auditors and 10 department staff attended the September forum. This was the highest attendance in more than 10 years. Departmental regional EHOs and public health managers also attended the forum, giving them the opportunity to extend their understanding of the auditor role. The forum addressed the roles and responsibilities of an approved food safety auditor as defined in the Act, and the findings of the auditor pilot program. The agenda also covered specialist high-risk auditing scopes (definitions and applications) and emerging issues, such as fermented foods and trends, and national and Victorian food outbreak data. The attendees engaged with the program topics and presenters throughout the day and provided positive feedback on the forum. They welcomed the open and honest feedback on areas of improvement and the value of improved clarity for businesses, local councils and for the department. Attendees provided additional feedback that they would like to engage more with local council EHOs during these sessions. This and other feedback will inform future forums. Food safety leaders’ forums Environmental health managers are important local government stakeholders and significant agents of change in the food sector. Engaging with this group on a regular basis is an important part of working towards statewide consistency and improved administration of the Act. The FSU established the Food Safety Leaders’ Forum, with the objectives to:
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• work towards better regulation of food businesses • identify opportunities for future professional development • develop a stronger relationship with environmental health managers. The Food Safety Leaders’ Forum Committee identifies issues and information for forum agendas. The theme of the first forum was ‘Better regulation of Victorian food businesses’. The attendees heard from the Victorian Red Tape Commissioner about his role and some of the regulatory issues he has identified. The forum also provided an excellent opportunity for those environmental health managers who were part of the Small Business Regulation Review (Retail) to share their experiences. A further formal session looked at the application process for registering a food business and council’s obligations for administering these provisions of the Act. The second forum focused on capacity building and leadership. This was in response to feedback from the previous forum and an acknowledgement of the importance of communication and leadership in achieving change. The Red Tape Commissioner gave an update to forum attendees and conducted several workshops to assist attendees build their skills in communication, and how managers and leaders can drive change and improve performance both within their own teams and with the businesses they deal with. The workshops also considered how managers and leaders instil and support a food safety culture in food businesses. Attendance at both 2017 forums was high, with 68 local councils represented, and 76 per cent of participants rating their experience of the forums as very good or excellent.
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Prioritising food safety
A key role of the department is to identify emerging trends in food production, assess those trends from a food safety perspective, and prioritise risk mitigation strategies to ensure food safety for the Victorian community.
Fermentation supplement The FSU identified the emerging fermented food and drink trend in Victoria in late 2016 as posing a significant potential risk. This returning traditional practice and its associated foods, such as kombucha, kimchi and sauerkraut, raised a range of food safety concerns, including small-scale manufacturers’ ability to control alcohol production in their fermentation processes and the adequacy of the department’s Food Safety Program template (FSP) to inform food businesses and EHOs of the correct procedures for ensuring the safety of fermented products. A fermentation education program was delivered to council EHOs in 2016–17 that included practical and theoretical elements. Over 220 EHOs from 61 councils attended the education sessions, which took place in rural centres such as Ararat and Wangaratta, as well as metropolitan Melbourne sites. Feedback informed the development of a fermentation supplement for the department’s FSP template. This supplement was rolled out to all class 2 businesses in 2017. As awareness increased about fermented products, concerns were raised regarding the safety of fermented soft drinks, such as kombucha, and the potential presence of alcohol in these products. In 2017, the FSU undertook a testing program to determine how businesses were controlling alcohol production in their product and what guidance was needed to support brewed soft drink manufacturers ensure adequate food safety controls and legislative requirements are applied. The testing program was extended into the retail sector to understand how the product was being handled in the retail environment. Seventy-seven samples of fermented soft drinks manufactured within Victoria were collected and analysed for alcohol content in including: • 44 kombucha • 24 water kefir • 4 ginger beer • 1 kawas • 4 miscellaneous. Of these, 42 were collected at the place of manufacture and 35 at the place of retail. The survey showed: • all the samples were labelled as though they contained 0.5 per cent ABV (alcohol by volume) or less • 48 per cent contained undeclared alcohol in excess of 0.5 per cent ABV • 34 per cent contained between 0.5 per cent and 1.15 per cent ABV, still meeting the definition of a brewed soft drink but labelled incorrectly • 14 per cent contained greater than 1.15 per cent ABV, not meeting the definition of a brewed soft drink or complying with labelling requirements for beverages containing alcohol • the alcohol strength of drinks sampled from retail was significantly higher than those sampled from manufacturers, suggesting shelf life determination and alcohol testing were inadequate. These findings indicated inadequate control points in the manufacturing process and supply chain used by some manufacturers to control the production of alcohol in their product. The information in the
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department’s FSP, and used by manufacturers using fermentation, was inadequate as the hazards and control measures were not identified. In consultation with small and medium-sized Victorian food businesses and EHOs, a further food safety supplement was produced for use with the department’s FSP template. The supplement identifies the hazards, details a range of appropriate controls, and sets out the monitoring and labelling requirements for alcohol content in brewed soft drinks. The FSU also produced and published a guide to provide food businesses with advice on the sale and display of brewed and fermented soft drinks. A national survey is now underway in the other states and territories, with a report due in 2018.
Figure 2: Results of the ‘Alcohol in brewed soft drink – the Victorian Survey’ poster
Sale of low THC hemp seeds as food The Code was amended on 11 May 2017 to allow food produced from low delta-9-tetrahydrocannabinol (THC) hemp seeds to be sold legally in Australia and New Zealand. The new standard came into effect on 11 November 2017. Recognised as a good source of protein, vitamins, minerals, polyunsaturated fatty acids, and particularly omega-3 fatty acids, hemp seeds and oil are readily available in parts of Europe, Canada and the United States of America. Food regulators and law enforcement agencies have expressed significant concern about the potential for legal consumption of Cannabis sativa (C. sativa) or low THC hemp. The main psychoactive ingredient, 9-delta-tetrahydracannabinol (THC) found in the leaves of the plant, is controlled under the national Poisons Standard (Legislative Instruments Act 2003).
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As an industrial crop however, C. sativa is grown legally in Australia for fibre and oil under strict licencing conditions. DEDJTR administers the laws surrounding cultivation and processing, prescribed in the Drugs, Poisons and Controlled Substances Act 1981. In 1998, an application sought an amendment to the Code to permit the use of low THC hemp seed as a food. The then Australia and New Zealand Food Standards Council (Ministerial Council) rejected the application on the basis that the use of hemp in food may confuse messaging to consumers about the acceptability and safe use of cannabis. In 2009, a further application was rejected on the same grounds. However, the Forum asked for the investigation of a number of issues including: • law enforcement issues relating to the potential for roadside drug testing having sufficient sensitivity to detect low levels of THC • the difficulty in distinguishing low THC seeds from others • the potential for hemp seed foods to be used therapeutically • whether the marketing of these foods could confuse consumers about the acceptability and safety of cannabis. Victoria was the lead jurisdiction for investigating the impact of low THC hemp foods on roadside drug testing protocols around Australia and New Zealand. Swinburne University of Technology Centre for Human Psychopharmacology had the necessary licences and experience to conduct this work. With the necessary permissions, Ensign Laboratories procured the THC internationally and formulated it into trial doses. Volunteers were recruited to participate in a controlled trial where they consumed trial doses of specific levels of THC. They provided frequent samples of saliva, blood, and urine to measure THC levels. The results of the study showed that roadside drug testing protocols were not adversely affected by the consumption of food that contained low THC hemp seeds at the prescribed levels, but these findings cannot be translated to other C. sativa products. Being able to distinguish easily between hulled seeds and unhulled/complete seeds used to grow a C. sativa plant was a concern for law enforcement agencies such as Victoria Police. Victoria supported the proposal to allow only hulled seeds from low-THC C. sativa plants to be available for sale and for licensing requirements to cover seed production and handling of unhulled seeds. Having resolved the issues to the satisfaction of Forum members, in 2016 Proposal P1042: low-THC hemp seeds as food was considered, and subsequently approved, in May 2017. The Code prescribes requirements for the legal sale low THC hemp seed as food. These requirements include: • limits on the levels of THC • only hulled seeds can be sold at retail • the hemp leaf cannot be used to advertise products. DEDJTR has in place strict licensing requirements for the sectors that it regulates, particularly growers. The approval of these changes to the Code provides expanded opportunities for growers, producers, millers and food manufacturers. To oversee the introduction of the new requirements, a national implementation and monitoring committee was convened in June 2017. Terms of reference have been agreed, the status of legislative changes nationally are monitored, and a proposal has been accepted by the Food Regulation Standing Committee (FRSC) (a subcommittee of the Forum), to conduct a nationally coordinated surveillance and monitoring program of low THC hemp food.
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Figure 3: Poster for stakeholders on the ‘Sale of low THC hemp as a food’
Salmonella Strategy update Growing concern at the national level about the need to reduce the incidence of foodborne illness attributed to Campylobacter and Salmonella lead to the development of A national blood-borne illness reduction strategy 2018–2021. Australia has one of the highest rates of salmonellosis and campylobacteriosis in the developed world with an estimated 234,000 cases of campylobacteriosis (3,200 hospitalisations and three deaths), 56,200 cases of salmonellosis (2,100 hospitalisations and 15 deaths) in 2010.3 The Forum received the draft strategy in 2017 and identified a mix of short-term and long-term, new and existing work across five areas – national actions, state actions, monitoring and surveillance, research and engagement. The strategy articulates the current foodborne illness baseline and the expectations for reductions by 2021. To understand and combat the rise in salmonellosis, the Implementation Subcommittee for Food Regulation, known as ISFR (a subcommittee of FRSC), instituted nationally coordinated activities operating at all levels of the food supply chain. Alongside these national efforts, Victoria developed the statewide Salmonella Strategy. In 2014, Victoria received 3,695 notifications of Salmonella infection (salmonellosis). This was an increase of 54 per cent on the five-year mean for this disease (2,400 cases). This rise was slightly higher than the national figure for the same period, which saw an increase of 41 per cent, compared with the five-year mean. In 2015, the department was notified of 3,468 human cases of salmonellosis. Although lower than 2014, this still represents a 23 per cent increase on the five-year mean.
3 See Foodborne illness in Australia: Annual incidence circa 2010
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Figure 4: Guide for food businesses on the safe preparation of raw egg products.
The primary goal of the Victorian Salmonella Strategy is to reduce the incidence of human salmonellosis in Victoria:
The objectives of this strategy are: • to work with all Victorian food sectors to develop and implement through-chain Salmonella reduction interventions • to develop and implement food safety literacy programs for Victorian consumers, food retailers, processors and producers • to improve the consistent application of food safety regulatory actions in Victoria through greater consultation, training and implementation of independent audit processes • to use improved molecular technologies to identify outbreaks and clusters of illness sooner, facilitating more rapid responses and a reduction of cases • to develop and implement procedures and processes to communicate findings and lessons learned from investigations of incidents and outbreaks involving Salmonella • to integrate all available data on Salmonella from non-human sources with human salmonellosis data to better understand the epidemiology of salmonellosis in Victoria • to foster research that will reduce or fill knowledge gaps to improve regulatory practice and reduce disease incidence.
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The Victorian Salmonella Strategy is a collaboration of the cross-departmental Salmonella Working Group and is supported by the Chief Health Officer. The Working Group includes representatives from the department, DEDJTR (Agriculture and Food Industries Policy), PrimeSafe and Dairy Food Safety Victoria, and draws on the resources of industry and the scientific communities of Victoria. There were a number of activities to reduce salmonellosis in 2017: • a survey to measure compliance with the Code Standard 4.2.5 (the Primary Production and Processing Standard for Eggs and Egg Products) undertaken by DEDJTR • two workshops for small egg producers provided by DEDJTR • a study into Salmonella spp. vaccines, evaluating current and existing vaccination strategies in control and use • a guide for food businesses was prepared for publication on the safe preparation of raw egg products. To align the work and meet the objectives of the Victorian Salmonella Strategy and the National foodborne illness reduction strategy, the Victorian Salmonella Strategy will expand in 2018 to incorporate activities to reduce foodborne illness attributed to Campylobacter and Listeria monocytogenes and will be relaunched as the Victorian foodborne illness reduction strategy.
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Improving our key resources
FoodSmart In 2017, the department began developing a website that class 2 businesses can use to tailor the FSP template to their business practices. This process was informed by consultation with local councils and small businesses stakeholder groups. Businesses wanted an easy-to-use platform containing clear and easily understood content and instructions. Councils’ feedback raised concerns about IT accessibility for rural businesses and compliance issues moving from paper to online, such as easy access to record templates. Concerns were also raised for culturally and linguistically diverse community users, as the paper FSP and its illustrations are commonly used for translation between EHOs and business owners with limited English-language skills. The redesign of the website used this feedback to provide the user with streamlined information relevant to their business. The expectation is that, following further user testing, the updated, online FSP templates will roll out in 2018–19.
Figure 5: Proposed new FoodSmart home page
DoFoodSafely Launched in 2009, DoFoodSafely is the department’s free, award-winning and extremely popular online learning program for food handlers. Originally developed for entry-level food handlers in Victoria, it has become widely accessed nationally and internationally. Some employers in the food industry require the provision of the program’s ‘certificate of completion’ at the time of employment and use DoFoodSafely as their annual refresher. Analysis of user numbers indicates it is one of the most accessed resources provided by the department, with more than six million page views in 2017. More than 95 per cent of users gave positive feedback. The department commissioned a usability study in 2016 that would support enhancements to the program. The resource was also eight years old, so it was timely to assess the design, currency of information, functionality and accessibility. The usability study found that the program was still highly rated, but had a dated appearance, was not usable on new devices, and the certificate of completion did not have the user’s name printed on it.
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There was also an imperative to update content about food safety generally, particularly allergens information, in the wake of a coronial investigation into a death related to food allergens. The coroner recommended providing improved information about food allergens to food handlers, updating the department’s resources and disseminating them widely. A project to upgrade and re-design DoFoodSafely commenced in mid-2017. The project brief included providing accessibility for all electronic devices, improved functionality, provision of the name of the test taker and the date on the certificate of completion, along with a revamp of the look and feel of the program. Changes were made to some of the content, additional information about food safety generally was added and, specifically, additional information about allergens was incorporated. The content management system chosen has allowed for easy access for FSU staff to make changes, update content and add visual media content to support skills acquisition. The department will be able to ensure DoFoodSafely is current and has the latest information and advice about food safety and food handling. The department is looking forward to launching the newly revamped resource in 2018. Initially it will only be available in English to allow for user testing and corrections. Planning is in place for translations into different languages in the next 12 to 18 months. Visit DoFoodSafely
Figure 6: DoFoodSafely home page
Updating the food surveillance sampling app Every year EHOs collect upwards of 10,000 food samples that are tested by laboratories for potential food safety issues, such as the presence of pathogenic or indicator microorganisms. The collection of these food samples is a requirement of councils to meet their food sampling obligations as outlined in the Act. To assist in the consistent and accurate collection of information about these food samples, EHOs
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have access to an electronic food sampling app that was developed in collaboration with the Municipal Association of Victoria (MAV). In 2017, the FSU responded to feedback from EHOs and began the process of upgrading the food sampling app, including compatibility with Windows platforms and council-specific log in procedures to enable pre-populated council data to be automatically incorporated. A survey component was also considered important to allow coordinated sampling to target specific types of food for detailed analysis. The department has engaged the services of the app developer who designed the original food sampling app. During 2017, work progressed on building the upgraded app, which is due for release in 2019.
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Communication
Stakeholder engagement and communication The department continues to work on improving communication with our stakeholders by using a wide range of tools including emails, telephone discussions, face-to-face meetings, industry trade shows, training and education sessions and web-based information. The purpose of FSU communication is to highlight emerging issues and risks, share knowledge and expertise, investigate food safety concerns and complaints, seek feedback on the development of policy and business tools, and provide training and information. The department maintains a strong web presence through various websites – the Better Health Channel, Health.vic, Streatrader and DoFoodSafely – and continues to update existing advice and upload new policies, posters and guides for all stakeholders. While the Better Health Channel is the main portal for information for the public, specific information, such as how to make a complaint about food, or responsibilities for clubs and not-for-profit/fundraising food stalls and sausage sizzles, is available on
Websites and webpages
Better Health Channel
In 2017, 59,662 people searched for food safety topics on the Better Health Channel, with the top three page views being ‘Food safety and storage’ (20,156) and ‘Food safety when cooking’ (16,164) and ‘Food safety and eggs’ (10,175).
FSU
The FSU has a variety of the information available on the Health.vic website
Secure online portal for EHOs A password-protected web portal specifically for EHOs is also administered by the FSU and provides EHOs with up-to-date bulletins, forums and templates, regulation guidance, information on training and development and other quick links to assist them in their regulatory role.
Food safety hotline and email box In 2017, the FSU responded to 1,518 emails sent to its email inbox and 3,944 telephone calls to the hotline. These calls and emails come from the public, food businesses, council officers and students. Most email queries related to complaints about council-registered food premises. The FSU assists these callers or emailers to access the responsible local council to lodge their complaint. All calls to the hotline and emails to the food safety inbox are actioned within 24 working hours.
Streatrader email box The Streatrader email inbox (
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issues within 24 hours. Emails from users with non-technical problems are forwarded to the user’s local council EHO. In 2017, there were 2,377 enquiries from the general public and Streatrader users, and 323 enquiries from council officers.
Food safety campaigns In conjunction with the Chief Health Officer’s office and the department’s Communications and Media Branch, the FSU supported a range of consumer information broadcasts to the public, such as keeping food safe over the summer holiday period and an autumn/winter mushroom foragers advisory notice.
Figure 7: Chief Health Officer’s advisory on poisonous mushrooms growing in Melbourne
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The count
Fixed, temporary and mobile food premises (class 1–4)
The food business count The number of fixed food premises registered in Victoria continues to grow, with 48,331 fixed food business registered in Victoria in 2017 (see Appendix 4). This is up from 45,815 in 2016 and 45,742 in 2015. Other than those food businesses regulated under Victoria’s industry-specific Acts – the Meat Industry Act 1993, Seafood Safety Act 2003 and the Dairy Act 2000 – Victorian food business are regulated under the Act and are classified based on the potential hazard posed by their highest-risk food-handling activity. Four classes of premises capture the different food safety requirements; the level of regulation is largely determined by the risk of microbial hazards posed by food handling and the potential impact on people’s health. Class 1 represents the highest-risk food premises, which provide food to vulnerable population groups in facilities such as nursing homes and hospitals. Class 2, encompassing premises such as restaurants and cafes, is the largest class, representing 74 per cent of the total fixed premises in Victoria. Under the Act, class 1, 2 and 3 food premises must register annually with their local council. Class 4 represents the lowest-risk premises, such as a newsagency selling pre-packaged confectionery. Table 2 shows a breakdown of the types of fixed food premises in Victoria in 2017.
Table 2: Total class 1–3 fixed food premises registrations by type in 20174
Type of fixed premises Class 1 Class 2 Class 3 Total
Accommodation getaway 0 610 251 861
Aged care facilities 866 0 0 866
Bakery retailer 0 1,691 158 1,849
Bar/pub 0 111 339 450
Cafe/restaurant 0 14,459 178 14,637
Canteen/camps 0 2,073 500 2,573
Catering 0 1,039 97 1,136
Childcare 1,232 0 0 1,232
Club 0 1,371 885 2,256
Coffee and dessert outlet 0 308 244 552
Convenience stores 0 0 2,681 2,681
Delicatessen 0 359 0 359
4 A total of 2,591 (5.4 per cent) of registered premises were unable to be mapped to ‘type’ for this table due to a limitation with the data reporting tool. It is expected that this variance will be eliminated in future reporting.
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Type of fixed premises Class 1 Class 2 Class 3 Total
Delivered meal organisation 43 0 34 77
Greengrocery 0 43 471 514
Home-based retailer 0 715 1,179 1,894
Hospital 221 0 0 221
Juice bar 0 122 0 122
Manufacturer – low-risk foods 0 36 1,435 1,471
Manufacturer – potentially hazardous foods 0 864 0 864
Nuts/herbs/spices retail 0 0 154 154
Pasta retail 0 7 0 7
Reception centre 0 212 7 219
Residential care 0 180 12 192
Supermarket 0 1,179 0 1,179
Takeaway foods/chain food/kiosk 0 8,089 313 8,402
Warehouse/distributer/wholesaler 0 0 972 972
Total 2,362 33,468 9,910 45,740
Across Victoria, a total of 77,758 fixed (class 1-3), temporary and mobile (class 2–4) food premises were registered and regulated under the Act. Temporary and mobile food premises made up 37.8 per cent (29,427) of this total. Of all the temporary and mobile food premises,5 18.5 per cent were mobile and 80.3 per cent were temporary, 63 per cent (18,543) of mobile and temporary businesses were metropolitan based and 37 per cent (10,884) were non-metropolitan based. Appendices 5, 6 and 7 contain further details.
Figure 8: Fixed, mobile and temporary food premises registrations in 2017 across Victoria
5 The following temporary and mobile food premises figures do not include vending machines.
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Registration status Figure 9 below and Appendix 8 provide a snapshot of the registration status of Victorian food businesses. Of the 48,331 fixed food business in Victoria, 39,230 were renewed, annual registrations. A renewable registration is a business that has applied to renew its registration and council is satisfied that the business is meeting its requirements under the Act. A further 10,939 new proprietors entered the food sector in 2017. This number includes new business (initial registration), and premises that changed ownership within the year (transfer of registration). This number outweighs the number of premises closed by the proprietor (1,840). When renewing a premises, council can impose a conditional registration. In Victoria, 155 businesses have a conditional registration. In extreme circumstances, council can refuse renewal registration, revoke or suspend registration. In 2017, two businesses were refused renewal of registration and seven had their registration revoked or suspended.
Figure 9: Snapshot of fixed, mobile and temporary food premises in Victoria in 20176
Compliance checks Compliance checks are conducted annually by an EHO or auditor to investigate whether food premises comply with the Act. A compliance check may be an audit, assessment or mandatory inspection, depending on the nature of the activities being examined at a food business. Compliance checks conducted in 2017 on fixed class 1, 2 and 3 food business saw a compliance rate of 81.5 per cent, with 41,658 of the 51,103 compliance checks conducted receiving a ‘compliant’ outcome when inspected or audited. See Appendix 9 for more detail.
Enforcement action by councils
When faced with an alleged breach of the legislation, council officers must consider what would be a proportionate response to the case at hand. Enforcement options include: • providing advice or guidance to educate a proprietor of a food premises about how to comply • issuing a warning
6 Excludes PrimeSafe meat transporters, water carriers and vending machines.
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• issuing an infringement notice • taking other statutory action • commencing a prosecution. Over the past three years, the number of infringement notices issued by council has been increasing – see Figure 10.
Figure 10: Number of total infringement notices issued by councils to fixed premises since 2014
What are the types of offences councils are issuing infringements for? Councils can issue infringement notices for some food safety or hygiene offences. This includes a range of offences regarding: • failure to store, process, display and transport food safely • lack of cleanliness and adequacy of food premises • failure to clean and sanitise food equipment • operating food premises without registration or notification • failure to keep their FSP on site. Victorian food safety surveillance and surveys Victoria takes a proactive approach to food safety surveillance, with a large number of food samples collected from food businesses every year by local council EHOs, as required by s. 32 of the Act. In 2017, over 12,000 collected food samples were sent for laboratory analysis. Of these, 91.7 per cent were statutory surveillance samples, including routine monitoring and regional sampling. The remaining 8.3 per cent were complaint and follow-up samples. Similar proportions of statutory surveillance samples compared with complaint samples were collected in 2016. The majority of samples (see Table 3) were collected from class 2 premises. Compared to 2016, councils collected an additional 1,744 samples from class 1 businesses, 2,482 from class 2 businesses, and 289 from class 3 businesses. Sample numbers are determined on a proportionate basis; councils with the greatest number of registered food businesses collect proportionately the greatest number of food samples. The minimum number of food surveillance samples for each council are determined annually by the department and
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published in the Victorian Government Gazette, with the minimum number samples adding up to approximately 10,000 samples per year across Victoria. However, councils may choose to collect more than their minimum required number of samples, as laboratory analysis of food samples can be very informative. Councils use a risk-based approach when selecting the most appropriate food to sample and analyse.
Table 3: Statutory food surveillance tests on food samples by premises classification, 2017
Type of food Number of Percentage of premises food samples samples Class 1 2,711 21.4
Class 2 9,289 73.3
Class 3 613 4.8 Class 4 65 0.5
Total 12,678 100%
Most of the testing performed on the samples was microbiological (91.4 per cent, see Figure 9). Chemical testing was performed on 8.2 per cent of samples. The remaining samples were tested for physical contaminants, allergens, labelling compliance, or other reasons. The distribution of testing performed was equivalent to testing undertaken in 2016.
Figure 11: Statutory food surveillance tests conducted on food samples by type of testing
Notifiable microorganisms in food Under the Victorian Public Health and Wellbeing Act 2008, laboratories must notify the department when they detect certain pathogens in food or drinking water. Schedule 5 of the Public Health and Wellbeing Regulations 2009 specifies reportable results and the way they are to be reported. Table 4 shows reports of all notifiable pathogens detected in food or drinking water received by the department in 2017 from laboratories. The department conducts a risk assessment in each case to determine the appropriate course of action. Risk assessments consider factors such as the type and level of microorganism present, whether the food is raw, ready-to-eat, unsealed or packaged, whether the food can or cannot support the growth of the microorganism, and whether the food has been sold to the public. In some instances, the action taken may result in referral to the appropriate food regulator or direct investigative follow-up by the FSU with the food business to ensure a prompt and appropriate public health response. Some investigations can result in a food recall to remove the affected food from the market.
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Table 4: Reports of notifiable microorganisms, 2017
Pathogen No. Percentage
Salmonella spp. 255 52.5
Listeria monocytogenes 160 33
Campylobacter spp. 51 10.5
Vibrio spp. 16 3.5
E.coli 0 0
Cryptosporidium spp. 0 0
Cyclospora spp. 0 0
Giardia cysts 0 0
Hepatitis A 2 0.5
Norovirus 0 0
Total 484 100%
Compared with 2016, 2017 had a 21 per cent increase in the total number of notifications reported, partially due an increase in Listeria monocytogenes (Lm). The percentage (3.77 per cent) of Salmonella spp. notifications decreased in 2017 compared with 2016, although Salmonella spp. comprised approximately half of the total notifications to the department. There was a marginal increase in Salmonella spp. notifications for raw poultry. It is common for Salmonella spp. to be present in poultry and presents no health risk in and of itself. See Table 5 below for a comparison of notification rates from 2014 to 2017. Of the 255 Salmonella spp. notifications, 126 were for raw meat products. The other main types of foods positive for Salmonella spp. were pre-pasteurised almonds, imported sweets (halva) and spices, which are considered high-risk foods by the Commonwealth Department of Agriculture and Water. Lm made up one-third of laboratory notifications to the department in 2017, comprising 160 notifications (33 per cent). This is an increase of 48 per cent from that reported in 2016. These comprised a mix of foods such as dairy, smallgoods, seafood, prepared meals and sandwiches tested by manufacturers as part of their own quality assurance programs. Listeriosis is an illness caused by eating foods contaminated by Lm. Infection is uncommon, but it can cause death in at-risk people, such as the very young, the elderly, and people with compromised immune systems. It can also be dangerous to pregnant women and their unborn babies. As standard procedure, council EHOs follow up each notification with the food business to try to establish the source of contamination where possible and ensure the business takes appropriate action. This includes premises and equipment cleaning and sanitising, ensuring adherence to good food safety practices, and the coordination of further food samples and environmental swab testing.
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Table 5: Number of reported notifiable microorganisms in food received from laboratories, 2014- 17
Notifiable microorganisms 2014 2015 2016 2017
Listeria monocytogenes 333 199 108 160
Salmonella spp. 209 244 265 255
Campylobacter spp. 20 37 22 51
Vibrio spp. 9 10 4 16
E. coli 0 2 1 0
Cryptosporidium spp. 0 0 0 0
Cyclospora spp. 0 0 0 0
Giardia cysts 0 0 0 0
Hepatitis A 0 0 0 2
Norovirus 0 0 0 0
Mandatory reporting of food-related illness, injury or death under Australian consumer law Since January 2011, an amendment to Australian Consumer Law has meant that the suppliers of consumer goods (including food) and related services are required to report deaths, serious injuries or illnesses associated with the use of such goods. This requirement is known as mandatory reporting and all participants in the supply chain are required to comply with the reporting requirement. This includes retailers, distributors, importers and manufacturers of food. If a food business becomes aware of an illness, injury or death related to the use of food, the business must report this to the Australian Competition and Consumer Commission (ACCC) using an online form on the ACCC website. The relevant state or territory food regulator automatically receives an electronic notification for assessment and any necessary action. In 2017, the FSU received 236 reports. Of these, 229 (97 per cent) were not acted on because: • they were incorrectly reporting an issue that was not a food safety risk (for example, an injury that resulted from a consumer dropping a product) • the report did not include enough information for follow-up, and this information could not be readily obtained.
Food recalls The Act makes it an offence to sell unsafe food and where food in the marketplace is found to be unsafe, the food company responsible for the manufacture or importation of that food has a responsibility to remove it from the marketplace – usually through initiating a food recall. FSANZ defines a food recall7 as: ‘action taken to remove from sale, distribution and consumption, foods which may pose a safety risk to consumers’. Food may be found, for example, unsafe after an
7 More information on Australian food recall statistics is available on the FSANZ website
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investigation of a food complaint or through government testing. The Food Standards Australia New Zealand Act 1991 sets the functions of FSANZ, one of which is to coordinate food recall action for Australia. Food recalls typically occur in consultation with the relevant state or territory food authority, as well as the relevant local council in Victoria, and the food company conducting the recall. There are, however, emergency powers in the Act that allow the department’s Chief Health Officer to mandate a food recall in the event of a public health emergency or if the cooperation of the food company cannot be secured.
Figure 12: Food recalls across Australia in 2017
Australian food companies instigated 69 food recalls in 2017, three fewer than the previous year (see Figure 10). Of these, 21 (30.4 per cent) were instigated by Victorian companies (manufacturers or importers). See Table 6 below.
Table 6: Food recalls by reason and country of origin, 2017
Instigated by Instigated by In In Victorian food Victorian Reason Australia Australia Country of origin manufacturer food importer (number) (%) (number) (number) Undeclared China; Vietnam; USA; 34 49.3 7 5 allergen Korea
Microbiological 8 11.6 1 1 China; Sri Lanka
China (Hong Kong); Foreign matter 10 14.5 2 3 Greece; Thailand
Biotoxin 4 5.8 - - Australia
Other 10 14.5 1 1 United Kingdom
Labelling 2 2.9 - - Australia
Chemical 1 1.4 - - China
Table 7 shows the reason for all recalls involving Australian companies. In 2017, as in 2016, undeclared allergens were the most common reason for food recalls and similar in number to those in 2016. In 2017, the second highest reason for recall was tied between foreign matter and ‘other’ reasons. The category, ‘other’, is a catch-all term used by FSANZ to cover issues that are not captured by the six main recall categories. The ‘other’ category captures issues such as processing or packaging issues that a food supplier determines may cause a risk to the public.
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Table 7: Food recalls involving Australian companies by reason, 2014–17
Reason for recall 2014 2015 2016 2017 Total
Undeclared allergen 27 39 33 34 133
Microbiological 26 13 21 8 68
Foreign matter 14 8 7 10 39
Biotoxin 0 15 5 4 4
Other 4 4 3 10 21
Labelling 2 2 2 2 8
Chemical 3 0 1 1 5
Total 76 81 72 69 278
Complaints Complaints come predominantly from members of the public, as well as the food industry. Most food complaints relate to isolated, one-off incidents at local council-registered food premises, such as the cleanliness and handling practices observed at the food premises or foreign objects found in food. In accordance with standard protocol, the FSU refers such complaints to council EHOs for follow-up investigation. Table 8 indicates the actions taken by local council EHOs in relation to complaints they received in 2017.
Table 8: Outcomes of inspections following a public complaint
Major non- Critical non- Compliant Total Inspection type compliance compliance Food complaint inspection 30 4 0 34 – chemical adulteration
Food complaint inspection – food adulteration 291 59 17 367 (foreign object)
Food complaint inspection 1,261 271 42 1,574 – food premises related
Food complaint inspection 419 64 10 493 – microbiological
Food poisoning inspection 72 15 1 88
Total 2,073 413 70 2,556
To ensure a nationally consistent, risk-based approach to food safety matters, the department adheres to the principles of the Australia and New Zealand Food Regulation Enforcement Guideline8 endorsed by all
8 Department of Health and Australian and New Zealand Food Regulation 2009, Enforcement guideline, version 9, Canberra,
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states and territories. This document promotes a graduated approach to enforcement, based on the public health risk presented by the food safety incident. In cases where incidents and complaints are made about foods that are manufactured in Victoria but distributed beyond a local area, the FSU generally undertakes a coordinating role in their investigation; as well as supporting the Chief Health Officer to exercise the use of their delegated powers under the Act. The FSU liaises with other relevant state and territory food regulators, Victorian regulators (including Victorian local councils, Dairy Food Safety Victoria, which regulates dairy food, and PrimeSafe, which is responsible for meat and seafood) as appropriate. The primary focus of the department in such investigations is to mitigate any risk to public health. As companies transcend borders, all states and territories cooperate to act on food incidents and complaints quickly and efficiently. This can happen, for example, when a food product is manufactured in one state, but has a company head office in another state in which it does not manufacture food at all. Where a complaint requires investigation or a food recall, various levels of government in different jurisdictions may need to work together. For example, a Victorian food manufacturer may have omitted an allergen from the ingredient list on the label of one of its foods. This would be a public health risk, and a breach of the Code, resulting in an immediate consumer-level food recall. The FSU and the relevant local council would contact the manufacturer to determine how this happened and ensure that any necessary corrective action is taken. The council would also consider possible enforcement action. If, however, the Victorian manufacturer made the product under contract to a food company whose head office was in another state, for example, New South Wales, other actions would be required. For example, following investigation by the relevant Victorian council, a recall would be instigated by the New South Wales company under the advisement of the New South Wales Food Authority (the relevant regulator in that state). To facilitate the referral process, all states and territories have agreed to function under the ‘home jurisdiction rule’. This provides for a cooperative referral mechanism where a trace-back of a food complaint falls in another jurisdiction. The department assists local councils with this referral process. Convictions under the Act In 2017, convictions were recorded against 41 parties (companies or individuals) in relation to 31 food premises operating in Victoria, brought by 17 councils. Of the 31 premises, 30 were fixed premises, such as restaurants and cafes, and one was a temporary premises (see Table 9). The convicted parties were found guilty of a total of 708 offences under the Act. A company can be charged with offences under the Act if it is the proprietor of the food business; and an individual may be charged if they are the proprietor of the business or a director of a proprietary company or involved in the management of the business.
Table 9: Convictions under the Act by local council area
No. No. Council area Note premises convictions Two convictions associated with Boroondara City Council 2 4 each premises
Cardinia Shire Council 1 1
Casey City Council 2 2 One conviction per premises
Frankston City Council 2 2 One conviction per premises
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No. No. Council area Note premises convictions Golden Plains Shire Council 2 2 One conviction per premises
Greater Bendigo City Council 1 2
Greater Dandenong City Council 1 1
Kingston City Council 1 1
Knox City Council 1 3
Manningham City Council 1 1
Maribyrnong City Council 6 6 One conviction per premises
Four convictions associated with one premises, and one associated Melbourne City Council 4 7 with each of the remaining three premises
Three convictions associated with Monash City Council 2 4 one premises, and one associated with one premises
Moorabool Shire Council 1 1
Moreland City Council 2 1 Two premises, one conviction
Whitehorse City Council 1 2
Yarra City Council 1 1
Types of offences and premises Most of the convictions were for breaches of s.16(1) of the Act, which is a failure to comply with the Code. The vast majority of these were breaches of chapter three of the Code – the food safety standards; specifically, ‘Standard 3.2.2 – Food safety practices and general requirements’ and ‘Standard 3.2.3 – Food premises and equipment’. Appendices 11 and 12 contain a breakdown of enforcement action by premises type and Appendix 13 contains a breakdown of the offences under the Act where convictions were recorded in 2017.
Penalties The financial penalties imposed in 2017, in addition to the recording of a conviction, included fines ranging from $750 to $60,000. The lowest fine was issued in two separate instances against two proprietors, both of whom were operating a food business from a food premises not registered with the council, in contravention of s. 35A(1) of the Act. The highest fines issued this year were two instances where both were connected to the same food business. One $60,000 fine was issued to a company who was the proprietor of the food business, and $60,000 to the director of that company. Costs in each instance were also ordered to be paid, each in the amount of $27,802.33, bringing the total amount associated with that business to $175,604.66. Charges included numerous breaches of the food safety standards, as well as handling food intended for sale in a manner that will render the food unsuitable in contravention of s. 12(1) of the Act. A conviction was also recorded for breaching s. 29(g) of the Act – to assault, obstruct or attempt to obstruct, threaten, abuse,
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insult, intimidate or attempt to intimidate an authorised officer in the exercise of their powers under the Act. The ownership of the company has since changed hands.
Temporary closures, suspensions and revoked registrations Where a council has serious concerns about a food premises, it may suspend or revoke the premises’ registration until its concerns are addressed. The department was not notified of any registration suspensions or revocations in 2017. Under the Act, an alternative approach is for council to direct that the business takes steps to ensure adequate hygiene and food handling at the premises. As part of this order, the registering council’s chief executive officer may temporarily close a food premises or stop particular food handling activities, where this is necessary to protect public health. In such serious cases, the business may only resume operations once the problems have been addressed. In 2017, 18 Victorian councils notified the department of the closures of 45 food premises, as required under the Act.9 Table 10 shows the breakdown of closures.
Table 10: Food premises closures, Victoria 2017
No. closure orders issued in Council 2017 Campaspe Shire Council 1
Golden Plains Shire Council 1
Kingston City Council 1
Knox City Council 1
Melton City Council 1
Moira Shire Council 1
Moreland City Council 1
Surf Coast Shire 1
Wellington Shire Council 1
Darebin City Council 2
Hobsons Bay City Council 2
Monash Council 2
Wyndham City Council 2
Mildura Rural City Council 3
9 Section 19(4)(b) of the Act requires councils to notify the department of the making of an order under Section 19(3)(a) or (3)(b) in which council directs that either: • a food premises must not be kept or used for the sale, or the handling for sale, or any food; or • a food premises must not be kept or used for the preparation of food.
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No. closure orders issued in Council 2017 Whitehorse City Council 3
City of Greater Dandenong 4
Maribyrnong City Council 8
City of Melbourne 10
Total 45
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Appendix 1: Major food safety related committees
National committees 2017
Convening department/ Victorian representatives and National committees organisation Purpose Accountability attendance capacity Australia and New Department of Health and To develop domestic food regulatory policy Council of Australian Minister for Health (lead) – as Zealand Ministerial Forum Ageing (Food Regulation and policy guidelines for setting domestic Governments Victorian Government on Food Regulation (the Secretariat) food standards (COAG) representative Forum) To adopt, amend or reject standards and to Minister for Primary Industries – as Two meetings a year request that these be reviewed Victorian Government representative Senior Manager, FSU – representing Department of Health and Human Services (the department)
Bi-National Food Safety Department of Health and To coordinate information sharing, Food Standards Manager, Regulation and Incident Network Ageing (Food Regulation communication and action on bi-national food Australia New Management, FSU – representing Secretariat) incidents Zealand (FSANZ) the department Meetings and Board teleconferences as required
Bi-National Recall Officers FSANZ To provide for continuous improvement with FSANZ board Manager, Regulation and Incident Group respect to the implementation of food recalls. Management, FSU – representing the department One meeting a year
Environmental Health EHPA To discuss regulatory food safety issues. EHPA Manager, Systems and Program Professional Australia Development, FSU – representing (EHPA) Food Special the department Interest Group Six meetings a year
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Convening department/ Victorian representatives and National committees organisation Purpose Accountability attendance capacity Expert Advisory Group on Department of Health and To work with FSANZ on standards ISFR Senior Food Science Officer, FSU Analytical Methods Ageing (Food Regulation development process in order to advise on fit – representing the department Secretariat) for purpose analytical methods. One meeting a year
Fats and Oils Labelling Department of Health and To assess and develop the case for changes FRSC Senior Food Science Officer – Policy Working Group Ageing (Food Regulation to fats and oils labelling on food. Nutrition, FSU – representing the (FRSC Working Group) Secretariat) department Meetings and teleconferences as required
Food Medicine Interface Department of Health and To provide regulatory clarity around products ISFR Manager, Regulation and Incident Working Group (ISFR Ageing (Food Regulation that could be food or therapeutic goods. Management, FSU – representing Working Group) Secretariat) the department Meetings as required
Food Microbiology (FT– Standards Australia To review and revise standard Australian Standards Australia Senior Food Science Officer, FSU 035) analytical methods for detecting – representing the department Two meetings a year, microorganisms in food. teleconferences as required
Food Regulation Department of Health and To review the Australia New Zealand Food ISFR Senior Food Policy Officer, FSU – Enforcement Guideline Ageing (Food Regulation Regulation Enforcement Guideline representing the department Working Group (ISFR Secretariat) Working Group) Three meetings a year and teleconferences as required
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Convening department/ Victorian representatives and National committees organisation Purpose Accountability attendance capacity Food Regulation Standing Department of Health and To provide policy advice to the Forum Minister for Health Senior Manager, FSU – Committee (FRSC) Ageing (Food Regulation (lead) representing the department Secretariat) Four meetings a year Minister for Primary Director Food Regulation and Industries Biosecurity Policy, Department of Economic Development Jobs, Transport (DEDJTR) – representing DEDJTR
Food Safety Management Department of Health and To review the Food safety management FRSC of the Forum Manager, Systems and Programs, Working Group Ageing (Food Regulation policy guideline with a particular focus on the FSU – representing the Secretariat) adequacy and appropriateness of its department Meetings as required guidance in relation to the general food service sector and closely related retail sector.
Food Standards Code Department of Health and To establish a process for the development ISFR Senior Food Science Officer, FSU Guidance Material Ageing (Food Regulation and maintenance of Food Standards Code – representing the department Working Group (ISFR Secretariat) guidance material Working Group) Three meetings a year
FRSC Ad-Hoc Health Department of Health and To determine how cost recovery will be Minister for Health Manager, Regulation and Incident Claims Working Group Ageing (Food Regulation determined with respect to the compliance and Ageing and Management, FSU – representing Secretariat) and enforcement of self-substantiated FRSC the department Meetings and general level health claims. teleconferences as required
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Convening department/ Victorian representatives and National committees organisation Purpose Accountability attendance capacity Health Star Rating Department of Health and To discuss current issues with the health star The Forum Senior Food Science Officer Advisory Committee Ageing (Front of Pack rating system and provide jurisdictional input (Nutrition), FSU – representing the Jurisdictional Group Labelling Secretariat) into the Health Star Rating Advisory department Committee meeting. Two to three Senior Nutritionist, Prevention and teleconferences a year Population Health – representing the department Senior Policy Officer, DEDJTR – representing DEDJTR
Implementation Department of Health and To develop or assist in the development of FRSC Manager, Systems and Program Subcommittee for Food Ageing (Food Regulation guidelines on consistent enforcement of food Development, FSU – representing Regulation (ISFR) Secretariat) regulations that aim to minimise cost to the department industry and meet the objective of minimum Three meetings a year Chief Executive Officer, Dairy Safe effective regulation. Victoria – representing
Department of Primary Industry Chief Executive Officer, PrimeSafe – as an observer
Independent Review of Department of Health and To review impacts and outputs of the FRSC (of the Forum) Senior Food Science Officer – the mandatory fortification Ageing (Food Regulation fortification standards. and Australian Health Nutrition, FSU – representing the of bread Secretariat) Ministers Advisory department Council (AHMAC) Two meetings a year
Jurisdictional Forum FSANZ To engage in the standards setting process FSANZ board Senior Food Science Officer FSU prior to an assessment for an application or Senior Policy Analyst, FSU – Meetings and proposal being finalised and provided to the representing the department teleconferences as FSANZ board. required
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Convening department/ Victorian representatives and National committees organisation Purpose Accountability attendance capacity Local Government Department of Health and Annual reporting information provided by FRSC of the Forum Manager, Systems and Program Working Group Ageing (Food Regulation jurisdictions to ISFR using consistent Development, FSU (ISFR Working Group) Secretariat) reporting terminology, including reporting on: Meetings and - application of ISFR national policy such as teleconferences as enforcement guidelines, complaint required guidelines, inspection frequency - general compliance/ enforcement statistics - food business profile and regulation services profile High-level principles for nationally consistent food premises inspection Develop a central repository for collations of available resources for interpretation of the Food Standards Code. National Food Incident Department of Health and To develop and maintain a national protocol ISFR Manager, Regulation and Incident Response Protocol Ageing (Food Regulation to respond to food incidents in a consistent Management, FSU – representing Working Group (ISFR Secretariat) and coordinated manner the department Working Group) Meetings and teleconferences as required
National Low THC Hemp The Forum To monitor implementation of legislative ISFR Senior Food Safety Officer – as Food Implementation changes required to allow the sale of low Regulation and Incident
and Monitoring Group THC hemp seeds as food and identify issues Management, FSU – representing (Surveillance, Evidence to be resolved. the department and Analysis Working Senior Policy Analysist – Food, Group) Agriculture Victoria, DEDJTR Two meetings a year
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Convening department/ Victorian representatives and National committees organisation Purpose Accountability attendance capacity Novel Food Standards FSANZ To identify foods that require pre-market FSANZ board Senior Food Science Officer, FSU Development Advisory approval, develop eligible food criteria and – representing the department Group streamline the current FSANZ application assessment process. Meetings and teleconferences as required
Nutrition, Health and Department of Health and To ensure that industry is supported to ISFR Senior Policy Analyst, FSU – Related Claims Ageing (Food Regulation comply with Standard 1.2.7 and that representing the department Implementation Working Secretariat) Standard 1.2.7 is enforced consistently by all
Group (ISFR Working Australian and New Zealand regulators. Group) Meetings and teleconferences as required
Review of Dairy FSANZ To consider all microbiological criteria for FSANZ board Senior Food Science Officer, FSU Microbiological Criteria heat-treated milk and dairy products. – representing the department Working Groups Meetings and teleconferences as required
Strategic Planning Department of Health and To develop and oversee the implementation FRSC of the Forum Manager Food Policy, FSU – Working Group (FRSC Ageing (Food Regulation of the Strategic plan 2013–2017; the strategic representing the department Working Group) Secretariat) plan is reviewed by FRSC every 12 months. Policy Manager, Food Regulation Three meetings a year and Biosecurity Policy, Department of Economic Development, Jobs, Transport and Resources – representing DEDJTR
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Convening department/ Victorian representatives and National committees organisation Purpose Accountability attendance capacity Sugar Labelling Policy Department of Health and To assess and develop the case for changes FRSC Senior Food Science Officer Working Group (FRSC Ageing (Food Regulation to sugar labelling on food. (Nutrition), FSU – representing the Working Group) Secretariat) department Five to six meetings and teleconferences a year
Surveillance, Evidence Department of Health and To provide a strategic overview to the ISFR Senior Food Science Officer, FSU and Analysis Working Ageing (Food Regulation national system for cooperative and – representing the department Group (ISFR Working Secretariat) collaborative actions on food surveys, testing, Senior Policy Analysist – Food, Group) monitoring, epidemiological studies, Agriculture Victoria, DEDJTR research, surveillance and intelligence One meeting a year, and gathering teleconferences as required
The Code Review FSANZ To progress further review and revision of the FSANZ board Senior Food Science Officer, FSU Advisory Group Code and to provide advice to the Food – representing the department Regulation Standing Committee and FSANZ Meetings and regarding the need for any new proposal to teleconferences as amend the Code. required
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State committees 2017
Convening department/ Victorian representatives and State committees organisation Purpose Accountability attendance capacity Allergen Testing National Measurement To advise on compliance NMI Senior Food Science Officers, FSU – Special Interest Group Institute (NMI) issues in relation to standards representing the department (SIG) (Public analytical One meeting a year laboratory)
Food Technology Food Technology To serve as an interface with FTAA Senior Food Science Officer, FSU – Association of Australia Association of Australia industry on standard representing the department (FTAA) Technical Sub- development. committee
Meetings as required
Health Claims Department of Health and To develop a Victorian plan for Senior Manager, FSU Senior Manager, FSU – representing the Implementation – Human Services, Victoria implementing the Nutrition, department Victoria Working Group Health and Related Claims Senior Policy Analyst, FSU – representing Standards (1.2.7) . Meetings as required the department Senior Food Science Officer, FSU – representing the department Chief Executive Officer, Dairy Food Safety Victoria
Streatrader Project Department of Health and To project manage Streatrader Senior Manager, FSU Systems Data Analyst, FSU – representing Group Human Services, Victoria – the online statewide the department Chief Executive Officer, registration system for food Six meetings a year MAV Systems Regulatory Technical Officer, FSU vans and stalls. – representing the department
Environment Health Officer, FSU – representing the department
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Convening department/ Victorian representatives and State committees organisation Purpose Accountability attendance capacity Victorian Food DEDJTR, Victoria To discuss regulatory food Minister for Health Senior Manager, FSU – representing the Regulators Forum safety issues across all department Minister for Primary agencies. Two meetings a year Industries Chief Executive Officer, PrimeSafe Chief Executive Officer, Dairy Food Safety Victoria Chief Health Officer, Agriculture Victoria, DEDJTR Chief Veterinary Officer, Agriculture Victoria, DEDJTR Chief Executive Officer, Municipal Association of Victoria
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Appendix 2: Resources, publications and presentations
Resources, publications and presentations made in 2017
2017 Title Audience Description
The Streatrader website provides Streatrader – registration tool for resources and a streamlined, online community groups and Businesses process for the registration and Jan–Dec businesses selling food from Community notification of food businesses, temporary and mobile premises Groups community groups and not-for-profit (online portal) organisations that trade as temporary or mobile food premises in Victoria
Practical information for the public on Jan–Dec Better Health Channel (online) General keeping food safe and preventing foodborne illness
Secure departmental website for EHOs and managers working in local Environmental health Jan–Dec Councils councils containing resources and professionals (online portal) tools for EHOs such as guidance on policy, procedures and the Act
Details of offences under the Act or Food safety register of Jan–Dec General the regulations which resulted in a convictions (online) conviction being recorded
Online learning tool for people wanting to work as food handlers or those Jan–Dec DoFoodSafely General wanting to refresh their knowledge of safe food handling
EHOs, DFSV Workshop presentations on Jan-Mar Fermentation workshops and national fermentation across rural, regional, regulators and metropolitan Victoria
Annual report on councils’ and the The Food Act report 2016: Food department’s activities, operations and Jan safety: partnering for success General achievements in food regulation (online) prepared under s. 7C of the Act
The National Ministerial Policy Presentation to the EHPA 2017 Food Feb EHOs Guideline on Food Safety Special Interest Forum
The review of the food premises Presentation to the EHPA 2017 Food Feb EHOs classification system Special Interest Forum
Manufacturing and determining Presentation to the EHPA 2017 Food Feb shelf life in food products – an EHOs Special Interest Forum update and consultation
Presentation to the EHPA 2017 Food Feb The Audit the Auditor program EHOs Special Interest Forum
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2017 Title Audience Description
Print and web posters for food ‘Food safety rules’ and ‘Keep Food businesses – topics identified by the Feb-Mar hands clean and food safe’ businesses industry at the Fine Foods Australia posters Expo in 2016
Guide for EHOs: Microbiology and chemical assessment of Publication available via the Food Feb EHOs dips prepared and sold at food Safety Unit website premises in Victoria
Scientists, Guide for potential food chemists, analysts: how to apply for Publication available via the Food Feb microbiologists, authorisation as an analyst Safety Unit website laboratory under the Food Act 1984 technicians
Publication available via the Food Feb Hamburger food safety Public Safety Unit website
Guide for EHOs: Microbiology and chemical assessment of Publication available via the EHO Feb EHOs dips prepared and sold at food secure online portal premises in Victoria
Workshop designed to deliver an Food overview of labelling requirements Feb Food labelling workshop businesses in under the Code and answer business Hepburn Shire owners’ questions
Publication designed to encourage ‘Have you had an allergic GPs, health reporting of allergic reactions to Mar reaction to packaged food’ card services, public undeclared allergens in packaged foods to the FSU
Mornington Peninsula Allergen Five presentations to the EHPA Apr-Nov EHOs Project – where to from here? regional meetings
Guide for Victorian Food Publication available via the Food Apr manufacturers and importers: manufacturers Safety Unit website Semi-dried tomatoes and importers
Presentation on lab notifications at the May When is a food a food? Food analysts Food Analysts Forum
Presentation on fermented soft Presentation to the Food Analyst’s May drink testing and changes to Analysts Forum department’s FSP
Guide for EHOs: Sale of low Publication available via the Food Jul EHOs THC hemp as food Safety Unit website
Guide for EHOs: Using the Publication available via the Food Jul EHOs Victorian food sampling app Safety Unit website
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2017 Title Audience Description
Guidance material for EHOs on the Guide for retailers selling introduction of new requirements in brewed and fermented soft Aug EHOs the Australian New Zealand Food drinks: some soft drinks may Standards Code available via the contain alcohol Food Safety Unit website
Four food labelling workshops held at Sep Food labelling workshop EHOs the EHPA Annual Conference
Information session on changes to the process of registration of Presentation of changes to the independent food safety Technical approved technical review bodies who Sep program templates and the role review bodies must be engaged to review an of template developers and the independent FSP template Technical Review Bodies
Presentation of fermented soft Sep EHOs Presentation to the EPHA drink compliance results
Guide for councils: Enforcement Councils and Publication available via the Food Nov options for food safety program EHOs Safety Unit website breaches
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Appendix 3: Data sources, specifications and limitations
This annual report is required under s. 7C of the Act. Data sources, specifications, limitations and other explanatory notes about the data presented in the following three tables. As data on fixed food premises on the one hand, and temporary and mobile food premises on the other, come from different sources, these are described in the first two tables. The third table outlines common specifications across fixed, temporary and mobile premises.
Fixed food premises (class 1–3)
Specifications Description
Date range 1 January to 31 December 2017
Data Department of Health and Human Services’ Food Performance Dataset (as specifications amended from time to time) provides a common set of concepts, data elements and edit/validation rules that define activities carried out under the Act. The terminology is aligned to the concepts and provisions in the Act. The use of the Food Performance Dataset across all municipalities is intended to promote a consistent approach to administering the Act across the state, as provided in s. 7A of the Act.
Inclusions Class 1–3 food premises Registrations: A count of all class 1–3 fixed food premises: • registered with Victorian councils as required under the Act as at 31 December 2017, regardless of the date of initial registration or renewal • operated by businesses, community groups and not-for-profit organisations • with a registration status of ‘New’, ‘Renewal’ or ‘Transfer’, unless otherwise stated. Compliance activity: A count of all compliance checks conducted in relation to class 1, 2 and 3 fixed food premises. Compliance checks are undertaken to assess compliance with the Act, the Code and premises’ food safety programs (FSPs). Compliance checks include: • an audit conducted by a department-approved food safety auditor. Audits are conducted on all class 1 and 2 food premises that have a non-standard FSP (that is, an FSP tailored specifically for the food premises). Class 1 and 2 food premises are required to be audited once within a 12-month period. The audit determines whether the FSP is adequate and whether the premises is complying with it and with their obligations under the Act and the Code • a council assessment conducted by an EHO once in a 12-month period of all class 1 premises (this is in addition to the annual audit conducted by a department-approved food safety auditor • a council assessment conducted by an EHO once in a 12-month period of all class 2 premises with a standard FSP (an FSP prepared using a department- approved template). It is optional for councils to conduct an assessment of a class 2 premises that have a non-standard FSP. An assessment determines if the food premises is complying with the Act, the Code and its FSP • an inspection of a food premises conducted by an EHO to examine if a food premises is complying with the Act and the Code. An inspection can be conducted in relation to any food premises regardless of the food premises
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Specifications Description classification. However, class 3 premises must be inspected at least once within a 12-month period. All new class 1–3 premises must be inspected prior to registration being first granted and all premises must be inspected on change of ownership. Enforcement actions: A count of actions taken under the Act in relation to food premises in order to prevent or reduce the possibility of a serious danger to public health or to mitigate the adverse consequences of a serious danger to public health. Enforcement actions comprise: General enforcements: Refer to a range of directions, orders and actions permitted under the Act, such as, a direction to comply with records, training or audit requirements, an order to close a food premises, or seizure of food. Infringement notices: Refer to notices issued by councils for various breaches of the Act or the Code without the need for prosecution. A list of infringement offences is contained in Schedule 1 of the Act.
Exclusions Class 4 fixed food premises: The number of class 4 fixed food premises that actively traded in Victoria in 2017 is not known. Due to the lower risk of class 4 premises’ food handling activities, these businesses are only required to notify councils of their basic details – such as business type, the nature of the business, types of food handled and their address and contact details – on a one-off basis. Councils are not required to contact them annually to ascertain whether they are still operating. For these reasons, data on class 4 fixed food premises are excluded from this report. Ceased registration 1 January to 31 December: Data in this report relates to fixed food premises registered with councils as at 31 December 2017. Data excludes food premises that were operating but closed during the year before that date.
Features and Missing and incomplete fixed premises data: 76 of 79 councils were able to limitations of the report fully against the department’s Food Performance Dataset in relation to data fixed food premises operating in their municipalities in 2017: • Mildura Rural City Council was unable to submit data for quarter 4 of 2017 but provided data for the remaining three quarters. Their incomplete data is included in the relevant sections of this report. • Knox City Council was unable to submit data for quarter 4 of 2017 but provided data for the remaining three quarters. Their incomplete data is included in the relevant sections of this report. • Murrindindi Shire Council submitted incomplete data across all quarters. Their incomplete data is included in the relevant sections of this report. Zero versus missing values: At this stage, the data system has no facility for recording missing data – that is, where a ‘0’ shows in a council data report, it may mean either that there was no result for the period, or that there are missing data. Rounding: Tables in this report may not add to 100 per cent due to rounding.
Sources Quarterly council reports: Councils are required to report their activities under the Act to the department on a quarterly basis. These reports contain details relating to the numbers of food premises and any events that occurred at the premises during the quarter, such as an inspection or enforcement action. For a full list of activities that are required to be reported, refer to the Victorian Government Gazette No. S 375 Friday 17 September 2010 which can be found on the Victorian Government Gazette website
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Temporary and mobile food premises (class 2–4)
Specifications Description
Date ranges As at 31 December 2017, except where noted the count is cumulative for the period 1 January to 31 December 2017.
Data These are outlined in: specifications • the department’s Food Performance Dataset, as previously described • the Streatrader system documentation. When a food premises registration or notification is approved (class 2–3) or accepted (class 4) by a council, the Streatrader system allocates a unique account reference number to each trader. Inclusions Class 2–4 temporary and mobile food premises Registrations and notifications: A count of temporary and mobile premises and water transport vehicles recorded in Streatrader and comprising: • class 2–3 premises with a registration status of ‘New’, ‘Renewal’ or ‘Transfer’ as recorded over the period • class 4 premises with a notification recorded. Unless otherwise stated, the data indicate category type, that is, business or community group/not-for-profit organisation. Note: premises type is ‘temporary’ or ‘mobile’. Class 2–4 registrations/notifications: A count of food premises registrations (class 2–3) or notifications (class 4) under the Act recorded in the Streatrader system as at 31 December 2017. This differs from reports in which ‘premises’ is the denominator; that is, there may be more than one food premises per registration. Class 4 premises: A count of class 4 temporary and mobile food premises that traded in 2016. In contrast to class 4 fixed food premises (see earlier explanation) these premises must routinely inform councils of where and when they will be trading. They do this by lodging statements of trade (SOT) in the Streatrader system. Because these data are entered directly by traders into a statewide data system, comparisons may be made between councils. Class 4 initial notifications: A count of class 4 premises that notified a council of their food selling activities under the Act for the first time during the period. Community groups: refers to not-for-profit bodies, or persons or unincorporated groups of persons undertaking food handling activities solely for the purposes of raising funds for charitable purposes. Streatrader account holders: A count of all business and community group proprietors with an account on the department’s online Streatrader system, including those who actively traded in 2017 and those who did not. There may be more than one food premises per account. This includes those with water transport vehicles associated with their registrations but excludes those with vending machines associated with their registrations. Streatrader accounts: A count of all accounts held by businesses and community groups on Streatrader, including those who are actively trading and those who are not. This includes those with water transport vehicles associated with their registrations but excludes those with vending machines associated with their registrations. The business or community group that holds the account and associated registration or notification, and all associated food premises, is referred to as the trader or proprietor. These terms are therefore interchangeable. Trading days: A count of days on which temporary or mobile food businesses intended to trade within a specified period, for example, a particular month or
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Specifications Description year. One premise may trade on one or many days throughout the year. These reports are a cumulative count of all days on which premises traded in Victoria during 2017. Actively traded in 2017: A count of businesses or community groups that submitted at least one statement of trade in 2017. Cross-council trading: A cumulative count of municipalities in which a trader operated over the course of 2017. Each trader has a single registration/notification that permits him or her to operate anywhere across the state. There may be one or more premises per registration. Principal (registering) council: The principal council is the council the trader needs to register with to sell food in Victoria. This is determined with reference to the following: • If a business or community group already has a fixed premises registered with a council, it must register its temporary or mobile premises with the same council. • If a business or community group has a place where it routinely prepares or stores food, it is required to register with the council in whose municipality these activities are taking place. • If all food handling activities take place at a mobile or temporary premises, the business or community group must register with the council in whose municipality its mobile food premises is garaged, or where the equipment for its temporary food premises is stored. • If none of above conditions are applicable, the business or community group must register with the council in whose municipality its main business address is located. The principal council registers the food van or stall for the State and, therefore, on behalf of all other councils in whose municipalities it will trade. It is responsible, together with those ‘trading councils’, for monitoring compliance. The registering and trading councils can take enforcement action when deemed appropriate. Compliance activity: A count of mandatory and discretionary compliance checks conducted on temporary and mobile food premises (including water transport vehicles) to check whether they are complying with their food safety obligations. In many cases temporary premises, such as market stalls, operate occasionally and at many different locations. Accordingly, at a state level, the compliance (inspection) requirements are different for these premises than for fixed premises. In addition, compliance approaches may differ across councils. In summary: • Mobile vehicles have very similar compliance/inspection requirements to fixed premises whereby an initial inspection and an annual inspection are required for all class 2 and 3 premises. For businesses with large numbers of class 3 vehicles – provided there are no compliance concerns – one annual inspection for every three vehicles may be conducted. • Temporary premises inspections are at council discretion; there is no requirement for an initial or annual inspection by the registering council. Many operators have a fixed component to their businesses (for example, home- based businesses) and many councils use the annual inspection of the fixed component as an opportunity to review and discuss the temporary operation with the trader. Exclusions Vending machines are defined as food premises under the Act and are minimally regulated due to the low-risk of foods sold. Data on food vending machines are generally excluded from this report except for Appendix 5. Trading days for water transport vehicles: Data on water transport vehicles are generally excluded from this report except for Appendix 5.
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Specifications Description
Features and Missing and incomplete data – enforcement actions: limitations of the Data on temporary and mobile food premises operating in all 79 Victorian data municipalities were available for inclusion in this report, except for enforcement actions taken by councils for breaches of the Act by these premises. The department is working with councils to ensure that these data can be reported in future.
Source Data on temporary and mobile food premises are sourced from Streatrader, a customised database and software application developed by the department and used by councils to administer Victoria’s statewide registration/notification scheme for these types of food premises. The data in this report drew on information entered into the Streatrader system by food business and community group system users and council officers in Victoria’s 79 municipalities.
All food premises types (fixed, temporary and mobile) – common specifications
Specifications Description
Food premises The Act classifies food premises according to the public health risks involved in classifications their food handling activities. There are four classes: • class 1 – high-risk foods for groups most vulnerable to food-related illness • class 2 – high-risk foods that need correct temperature control at all times to keep them safe • class 3 – unpackaged low-risk foods or pre-packaged high-risk foods, occasional community groups’ ‘cook and serve’ foods • class 4 – other low-risk food handling activities, including pre-packaged low- risk food. Class 1, 2 and 3 food premises must register annually, while class 4 premises are required to notify councils on a once-off basis.
Areas outside Food premises data relating to Victoria’s six alpine resorts are included in the municipalities figures for the municipalities that manage food safety compliance at these resorts, that is:
• Indigo Shire – Mount Hotham Alpine Resort and Falls Creek Alpine Resort • Mansfield Shire – Mount Stirling Alpine Resort and Mount Buller Alpine resort • Baw Baw Shire – Mount Baw Baw Alpine Resort • Murrindindi Shire – Lake Mountain Alpine Resort. Note: Murrindindi Shire Council submitted incomplete fixed premises data in 2017. • Data for French Island is listed in the figures for the Bass Coast Shire. Compliance Compliant, major non-compliance and critical non-compliance: The check outcomes outcome of a compliance check undertaken by an auditor or an EHO is categorised as ‘compliant’, ‘major non-compliance’ or ‘critical non-compliance’. Compliant refers to a premises that is fully compliant or where only minor deficiencies that do not pose a public health risk are identified in relation to compliance with the FSP, the Act or the Code. A number of minor non- compliances, when taken together, may lead to the conclusion that there is a major non-compliance. Major non-compliance refers to (a) a deficiency or breach that does not, in the particular case, pose an immediate, serious threat to public health at the time at which it has been identified, but which may pose such a threat if no remedial
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Specifications Description action is taken, or (b) any other serious breach of the FSP, the Act and/or the Code. Critical non-compliance refers to a deficiency or breach that poses a serious threat to public health. This includes situations where there is a serious risk of food being sold or prepared that is unsafe to eat.
Other data Program files, Departmental of Health and Human Services sources Department of Health and Human Services’ FSU’s regulatory and incident management program files were the source of data on: • laboratory notifications of pathogens under Schedule 5 of the Public Health and Wellbeing Regulations 2009 • complaints made to the FSU about food and/or food premises • food recalls conducted in Australia and Victoria to remove foods that pose a health risk from the distribution chain • food premises closures by councils under s. 19 of the Act which enables councils to temporarily order the closure of a food premises to protect public health until major or ongoing problems relating to adequate hygiene and food handling at the premises are remedied. These data are based on information reported by councils. Food safety register of convictions, Department of Health and Human Services The tables in this report are based on information provided by councils and on related court records that were placed on the Food safety register of convictions. The register includes prosecutions brought by councils for offences under the Act or the Regulations where a conviction was recorded in 2017. It does not include prosecutions where the outcome: • was a finding of guilt but where no conviction was recorded • was a finding of not guilty, or where the charges were withdrawn or struck out. The Act requires councils to provide information about convictions in matters that they have prosecuted or in relation to premises that they have registered or that are in their municipalities. The Act also permits the Secretary of the department to obtain information from other sources for the purpose of ensuring that the information on the register is reliable and verified. Visit the department’s Food safety register of convictions
Page 62 The Food Act report 2017: prioritising food safety and strengthening regulation
Specifications Description councils may have under- or over-reported food premises numbers, or incorrectly recorded a food premises as class 1, 2, 3 or 4 at the time when data were collated for this report. Technical data reporting problems, which could not be resolved in time for publication, may also affect the data. Missing food sampling data Information for the Shire of Murrindindi is not included as these data were not submitted. Rounding Note that tables in this report may not add to 100 per cent due to rounding.
The Food Act report 2017: prioritising food safety and strengthening regulation Page 63
Appendix 4: Class 1–3 fixed food premises registrations by municipality and class
The Act requires class 1, 2 and 3 food premises to register annually with the responsible council. Class 4 food premises must notify the responsible council of the basic details of the food premises on a once-off basis. Class 4 fixed premises, which handle only low-risk foods are excluded from this table. Please note, data in this table is taken as a ‘point in time’. The data reflects registrations as at 31 December 2017.
Class 1–3 fixed food premises registrations by class and municipality, Victoria 2017
Council Class 1 Class 2 Class 3 Total Alpine Shire Council 8 170 59 237
Ararat Rural City Council 9 107 25 141
Banyule City Council 47 522 179 748
Bass Coast Shire Council 12 319 50 381
Baw Baw Shire Council 15 381 73 469
Bayside City Council 50 519 114 683
Benalla Rural City 5 85 35 125
Boroondara City Council 90 918 206 1,214
Borough of Queenscliffe 1 65 13 79
Brimbank City Council 69 806 262 1,137
Buloke Shire Council 6 47 26 79
Campaspe Shire Council 15 163 45 223
Cardinia Shire Council 36 377 185 598
Casey City Council 107 852 337 1,296
Central Goldfields Shire Council 8 83 17 108
City of Ballarat 59 659 189 907
Colac Otway Shire Council 10 231 68 309
Corangamite Shire Council 10 168 71 249
Darebin City Council 62 972 297 1,331
East Gippsland Shire Council 25 328 117 470
Frankston City Council 63 532 175 770
Gannawarra Shire Council 4 70 34 108
Page 64 The Food Act report 2017: prioritising food safety and strengthening regulation
Council Class 1 Class 2 Class 3 Total Glen Eira City Council 68 716 220 1,004
Glenelg Shire Council 8 150 30 188
Golden Plains Shire Council 3 104 31 138
Greater Bendigo City Council 53 679 161 893
Greater Dandenong City Council 67 893 381 1,341
Greater Geelong City Council 101 1,593 328 2,022
Greater Shepparton City Council 35 342 116 493
Hepburn Shire Council 7 186 74 267
Hindmarsh Shire Council 6 79 29 114
Hobson's Bay City Council 34 497 120 651
Horsham Rural City Council 8 157 66 231
Hume City Council 61 880 285 1,226
Indigo Shire Council 8 181 76 265
Kingston City Council 78 1,094 522 1,694
Knox City Council 70 661 304 1,035
Latrobe City Council 35 400 101 536
Loddon Shire Council 3 93 37 133
Macedon Ranges Shire Council 17 274 122 413
Manningham City Council 57 488 160 705
Mansfield Shire Council 3 134 58 195
Maribyrnong City Council 32 645 160 837
Maroondah City Council 62 476 199 737
Melbourne City Council 59 3,164 420 3,643
Melton City Council 43 347 107 497
Mildura Rural City Council10 0 0 0 0
Mitchell Shire Council 15 207 47 269
Moira Shire Council 14 208 47 269
Monash City Council 88 835 330 1,253
Moonee Valley City Council 48 765 153 966
10 Mildura Rural City Council was unable to submit quarter four data in 2017.
The Food Act report 2017: prioritising food safety and strengthening regulation Page 65
Council Class 1 Class 2 Class 3 Total Moorabool Shire Council 9 147 50 206
Moreland City Council 71 940 300 1,311
Mornington Peninsula Shire Council 66 901 231 1,198
Mount Alexander Shire Council 5 152 56 213
Moyne Shire Council 3 115 59 177
Murrindindi Shire Council11 0 63 17 80
Nillumbik Shire Council 22 218 104 344
Northern Grampians Shire Council 7 128 38 173
Port Phillip City Council 37 969 159 1,165
Pyrenees Shire Council 2 71 32 105
South Gippsland Shire Council 9 245 77 331
Southern Grampians Shire Council 6 138 44 188
Stonnington City Council 49 1,062 155 1,266
Strathbogie Shire Council 5 85 26 116
Surf Coast Shire 15 292 80 387
Swan Hill Rural City Council 12 145 56 213
Towong Shire Council 3 41 19 63
Wangaratta Rural City Council 10 177 68 255
Warrnambool City Council 17 245 56 318
Wellington Shire Council 15 281 88 384
West Wimmera Shire Council 2 53 16 71
Whitehorse City Council 69 816 229 1,114
Whittlesea City Council 62 686 236 984
Wodonga City Council 17 191 71 279
Wyndham City Council 72 700 249 1,021
Yarra City Council 46 1,143 201 1,390
Yarra Ranges Shire Council 52 857 304 1,213
Yarriambiack Shire Council 4 76 9 89
Total 2,481 35,559 10,291 48,331
11 Murrindindi Shire Council submitted incomplete data for 2017.
Page 66 The Food Act report 2017: prioritising food safety and strengthening regulation
Appendix 5: Class 2–4 temporary and mobile food premises new registrations/notifications and renewals by class and premises type
Under Victoria’s statewide system for registration/notification of a food van or stall, one council must be primarily responsible for, and approve, a business’s food handling operations at its portable premises. Known as the principal council (or registering council), this is the council a food business will deal with most in the future. ‘PrimeSafe notifications’ in this table refers to a licensed meat transport vehicle that sells meat at a market.
New registrations/notifications and renewals by class and premises type, Victoria 2017
3
ass ass 3
lass 3
c
Class Class 2 Class Class 4 Class 2 Class 3 Class 4 Class 2 Class 3 Class 4
ifications ifications
istrations
istrations istrations istrations
ot
eg
eg eg eg
n
notifications
r
r
r r
ransport Cl ransport
t
Vending machines Vending machines Vending machines Vending machines
Mobile
Mobile
Mobile
PrimeSafe
Water
Temporary Not Temporary Temporary Temporary Council Temporary Total
Alpine Shire Council 15 14 0 2 62 61 3 0 0 0 0 157
Ararat Rural City Council 12 5 0 0 32 30 2 0 0 0 2 83
Banyule City Council 10 14 2 0 120 81 76 0 0 0 4 307
Bass Coast Shire Council 16 24 2 0 84 67 25 0 0 0 0 218
Baw Baw Shire Council 42 43 2 7 114 123 46 0 0 0 7 384
The Food Act report 2017: prioritising food safety and strengthening regulation Page 67
3
ass ass 3
lass 3
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Class Class 2 Class Class 4 Class 2 Class 3 Class 4 Class 2 Class 3 Class 4
ifications ifications
istrations
istrations istrations istrations
ot
eg
eg eg eg
n
notifications
r
r
r r
ransport Cl ransport
t
Vending machines Vending machines Vending machines Vending machines
Mobile
Mobile
Mobile
PrimeSafe
Water
Temporary Not Temporary Temporary Temporary Council Temporary Total
Bayside City Council 34 18 0 0 155 122 49 0 0 0 0 378
Benalla Rural City 8 11 0 0 52 56 5 0 0 0 3 135
Boroondara City Council 16 11 1 0 304 305 82 0 0 0 0 719
Borough of Queenscliffe 7 1 0 0 7 10 2 0 0 0 0 27
Brimbank City Council 77 43 3 0 113 78 56 0 0 0 0 370
Buloke Shire Council 4 7 0 0 18 18 6 0 0 0 0 53
Campaspe Shire Council 34 32 2 0 51 62 51 0 0 0 13 245
Cardinia Shire Council 43 30 2 3 102 131 81 0 0 0 12 404
Casey City Council 117 89 1 0 234 157 121 1 4 0 0 724
Central Goldfields Shire Council 4 11 1 4 31 19 6 0 0 0 3 79
Page 68 The Food Act report 2017: prioritising food safety and strengthening regulation
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Class Class 2 Class Class 4 Class 2 Class 3 Class 4 Class 2 Class 3 Class 4
ifications ifications
istrations
istrations istrations istrations
ot
eg
eg eg eg
n
notifications
r
r
r r
ransport Cl ransport
t
Vending machines Vending machines Vending machines Vending machines
Mobile
Mobile
Mobile
PrimeSafe
Water
Temporary Not Temporary Temporary Temporary Council Temporary Total
City of Ballarat 60 48 2 2 143 109 70 0 0 0 2 436
Colac Otway Shire Council 13 19 1 6 103 97 14 0 0 0 0 253
Corangamite Shire Council 14 14 0 0 43 60 22 0 0 0 4 157
Darebin City Council 96 80 0 0 199 174 59 0 0 0 0 608
East Gippsland Shire Council 38 19 1 9 91 67 37 0 0 0 10 272
Frankston City Council 35 53 0 0 91 94 97 0 71 0 0 441
Gannawarra Shire Council 5 7 0 3 41 56 3 0 0 0 2 117
Glen Eira City Council 47 29 0 0 200 174 53 0 2 2 0 507
Glenelg Shire Council 19 28 0 0 48 60 15 0 2 0 3 175
Golden Plains Shire Council 19 16 0 0 51 58 13 0 0 0 5 162
The Food Act report 2017: prioritising food safety and strengthening regulation Page 69
3
ass ass 3
lass 3
c
Class Class 2 Class Class 4 Class 2 Class 3 Class 4 Class 2 Class 3 Class 4
ifications ifications
istrations
istrations istrations istrations
ot
eg
eg eg eg
n
notifications
r
r
r r
ransport Cl ransport
t
Vending machines Vending machines Vending machines Vending machines
Mobile
Mobile
Mobile
PrimeSafe
Water
Temporary Not Temporary Temporary Temporary Council Temporary Total
Greater Bendigo City Council 64 59 0 0 125 143 91 0 0 0 33 515
Greater Dandenong City Council 45 41 0 0 251 197 59 0 0 0 0 593
Greater Geelong City Council 64 62 1 1 89 114 23 0 0 0 0 354
Greater Shepparton City Council 43 30 2 1 101 95 60 0 0 0 2 334
Hepburn Shire Council 12 12 0 4 75 128 21 0 0 1 0 253
Hindmarsh Shire Council 4 1 0 0 38 24 1 0 0 0 0 68
Hobson's Bay City Council 51 34 0 2 110 116 25 0 0 0 0 338
Horsham Rural City Council 14 3 0 0 35 17 17 0 0 0 2 88
Hume City Council 168 55 1 2 277 191 83 0 3 0 9 789
Indigo Shire Council 33 16 0 3 179 151 21 0 0 0 3 406
Page 70 The Food Act report 2017: prioritising food safety and strengthening regulation
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ass ass 3
lass 3
c
Class Class 2 Class Class 4 Class 2 Class 3 Class 4 Class 2 Class 3 Class 4
ifications ifications
istrations
istrations istrations istrations
ot
eg
eg eg eg
n
notifications
r
r
r r
ransport Cl ransport
t
Vending machines Vending machines Vending machines Vending machines
Mobile
Mobile
Mobile
PrimeSafe
Water
Temporary Not Temporary Temporary Temporary Council Temporary Total
Kingston City Council 52 35 3 0 167 286 123 0 0 0 2 668
Knox City Council 28 164 1 0 118 144 64 0 13 0 0 532
Latrobe City Council 23 10 0 2 101 118 66 0 0 0 0 320
Loddon Shire Council 7 2 0 0 32 17 6 0 0 0 3 67
Macedon Ranges Shire Council 22 25 0 0 96 89 22 0 0 0 5 259
Manningham City Council 21 15 0 0 126 96 25 0 0 2 0 285
Mansfield Shire Council 19 14 0 0 49 56 9 0 0 0 7 154
Maribyrnong City Council 45 9 3 0 106 35 52 0 0 1 0 251
Maroondah City Council 29 22 1 0 80 121 69 0 0 0 0 322
Melbourne City Council 177 96 3 1 809 862 240 3 1 0 0 2,192
The Food Act report 2017: prioritising food safety and strengthening regulation Page 71
3
ass ass 3
lass 3
c
Class Class 2 Class Class 4 Class 2 Class 3 Class 4 Class 2 Class 3 Class 4
ifications ifications
istrations
istrations istrations istrations
ot
eg
eg eg eg
n
notifications
r
r
r r
ransport Cl ransport
t
Vending machines Vending machines Vending machines Vending machines
Mobile
Mobile
Mobile
PrimeSafe
Water
Temporary Not Temporary Temporary Temporary Council Temporary Total
Melton City Council 55 44 4 0 114 115 59 0 0 0 0 391
Mildura Rural City Council 92 78 2 0 180 199 61 0 0 0 1 613
Mitchell Shire Council 28 12 0 10 62 80 26 0 0 0 11 229
Moira Shire Council 40 8 2 1 111 64 33 0 0 0 9 268
Monash City Council 43 41 0 0 268 186 107 0 0 1 0 646
Moonee Valley City Council 25 21 0 3 140 118 41 0 15 0 0 363
Moorabool Shire Council 40 32 2 2 79 89 25 0 0 0 4 273
Moreland City Council 88 25 0 0 333 232 83 0 0 1 0 762
Mornington Peninsula Shire Council 75 56 1 0 212 257 138 0 0 0 0 739
Mount Alexander Shire Council 25 20 2 0 76 87 15 0 0 0 3 228
Page 72 The Food Act report 2017: prioritising food safety and strengthening regulation
3
ass ass 3
lass 3
c
Class Class 2 Class Class 4 Class 2 Class 3 Class 4 Class 2 Class 3 Class 4
ifications ifications
istrations
istrations istrations istrations
ot
eg
eg eg eg
n
notifications
r
r
r r
ransport Cl ransport
t
Vending machines Vending machines Vending machines Vending machines
Mobile
Mobile
Mobile
PrimeSafe
Water
Temporary Not Temporary Temporary Temporary Council Temporary Total
Moyne Shire Council 13 15 2 0 75 63 12 0 0 0 2 182
Murrindindi Shire Council 20 14 0 3 95 132 20 0 0 0 4 288
Nillumbik Shire Council 15 16 0 0 77 87 71 0 0 0 3 269
Northern Grampians Shire Council 6 2 0 1 63 36 7 0 0 0 4 119
Port Phillip City Council 68 31 0 0 311 273 53 0 0 0 0 736
Pyrenees Shire Council 12 4 0 0 48 41 9 0 0 0 3 117
South Gippsland Shire Council 19 17 0 10 116 117 18 0 0 0 5 302
Southern Grampians Shire Council 23 13 0 0 162 115 9 0 0 0 0 322
Stonnington City Council 18 11 0 0 212 144 42 0 3 0 0 430
Strathbogie Shire Council 22 7 0 4 67 54 15 0 0 0 1 170
The Food Act report 2017: prioritising food safety and strengthening regulation Page 73
3
ass ass 3
lass 3
c
Class Class 2 Class Class 4 Class 2 Class 3 Class 4 Class 2 Class 3 Class 4
ifications ifications
istrations
istrations istrations istrations
ot
eg
eg eg eg
n
notifications
r
r
r r
ransport Cl ransport
t
Vending machines Vending machines Vending machines Vending machines
Mobile
Mobile
Mobile
PrimeSafe
Water
Temporary Not Temporary Temporary Temporary Council Temporary Total
Surf Coast Shire 43 24 0 14 87 148 22 0 0 0 4 342
Swan Hill Rural City Council 20 18 2 1 51 62 53 0 0 0 5 212
Towong Shire Council 14 8 1 0 18 16 4 0 0 0 0 61
Wangaratta Rural City Council 46 21 0 4 82 77 34 0 1 0 0 265
Warrnambool City Council 31 21 0 0 91 83 33 0 3 0 1 263
Wellington Shire Council 31 26 0 1 121 132 37 0 0 0 0 348
West Wimmera Shire Council 11 6 0 0 27 18 2 0 0 0 0 64
Whitehorse City Council 17 18 0 0 213 138 89 0 7 0 0 482
Whittlesea City Council 69 31 1 0 209 191 91 0 0 1 2 595
Wodonga City Council 58 24 0 3 118 110 47 0 0 0 1 361
Page 74 The Food Act report 2017: prioritising food safety and strengthening regulation
3
ass ass 3
lass 3
c
Class Class 2 Class Class 4 Class 2 Class 3 Class 4 Class 2 Class 3 Class 4
ifications ifications
istrations
istrations istrations istrations
ot
eg
eg eg eg
n
notifications
r
r
r r
ransport Cl ransport
t
Vending machines Vending machines Vending machines Vending machines
Mobile
Mobile
Mobile
PrimeSafe
Water
Temporary Not Temporary Temporary Temporary Council Temporary Total
Wyndham City Council 137 60 0 0 306 272 87 0 2 0 0 864
Yarra City Council 55 33 0 6 346 278 45 0 0 0 0 763
Yarra Ranges Shire Council 109 60 2 7 309 390 177 6 0 2 13 1,075
Yarriambiack Shire Council 5 1 1 0 38 37 4 0 0 0 0 86
Total 3,079 2,189 57 122 10,270 9,710 3,640 10 127 11 212 29,427
The Food Act report 2017: prioritising food safety and strengthening regulation Page 75
Appendix 6: Class 2–4 temporary and mobile food premises registrations/notifications by proprietor type, class and municipality
The following table includes water transport vehicles but excludes food vending machines, which are minimally regulated under the Act.
Class 2–4 temporary and mobile food premises registrations/notifications by proprietor type, class, municipality, 2017
Business Business Business Community Community Community Premises Premises Premises Group Group Group Registrations Registrations Notifications Registrations Registrations Notifications Council Class 2 Class 3 Class 4 Class 2 Class 3 Class 4 Total Alpine Shire Council 50 54 0 27 23 3 157
Ararat Rural City Council 14 24 2 30 13 0 83
Banyule City Council 53 43 9 77 56 69 307
Bass Coast Shire Council 70 75 3 30 16 24 218
Baw Baw Shire Council 92 146 11 64 34 37 384
Bayside City Council 127 73 7 62 67 42 378
Benalla Rural City 20 33 2 40 37 3 135
Boroondara City Council 122 128 17 198 188 66 719
Borough of Queenscliffe 6 4 1 8 7 1 27
Brimbank City Council 164 97 13 26 24 46 370
Buloke Shire Council 5 5 1 17 20 5 53
Campaspe Shire Council 45 72 10 40 35 43 245
Cardinia Shire Council 114 122 12 31 54 71 404
Page 76 The Food Act report 2017: prioritising food safety and strengthening regulation
Business Business Business Community Community Community Premises Premises Premises Group Group Group Registrations Registrations Notifications Registrations Registrations Notifications Council Class 2 Class 3 Class 4 Class 2 Class 3 Class 4 Total Casey City Council 294 201 20 58 49 102 724
Central Goldfields Shire Council 13 27 3 22 10 4 79
City of Ballarat 170 137 13 33 24 59 436
Colac Otway Shire Council 68 82 8 48 40 7 253
Corangamite Shire Council 27 36 4 30 42 18 157
Darebin City Council 276 244 18 19 10 41 608
East Gippsland Shire Council 86 85 7 43 20 31 272
Frankston City Council 106 174 18 20 44 79 441
Gannawarra Shire Council 22 31 2 24 37 1 117
Glen Eira City Council 162 112 15 85 93 40 507
Glenelg Shire Council 41 57 6 26 36 9 175
Golden Plains Shire Council 41 43 4 29 36 9 162
Greater Bendigo City Council 134 125 21 55 110 70 515
Greater Dandenong City Council 210 146 12 86 92 47 593
Greater Geelong City Council 135 144 11 18 33 13 354
Greater Shepparton City Council 76 64 9 68 64 53 334
Hepburn Shire Council 65 103 6 22 41 16 253
Hindmarsh Shire Council 10 4 0 32 21 1 68
The Food Act report 2017: prioritising food safety and strengthening regulation Page 77
Business Business Business Community Community Community Premises Premises Premises Group Group Group Registrations Registrations Notifications Registrations Registrations Notifications Council Class 2 Class 3 Class 4 Class 2 Class 3 Class 4 Total Hobson's Bay City Council 107 75 6 54 77 19 338
Horsham Rural City Council 42 19 7 7 3 10 88
Hume City Council 396 216 20 49 44 64 789
Indigo Shire Council 124 93 7 88 80 14 406
Kingston City Council 136 209 17 83 114 109 668
Knox City Council 84 246 10 62 75 55 532
Latrobe City Council 60 53 5 64 77 61 320
Loddon Shire Council 11 9 2 28 13 4 67
Macedon Ranges Shire Council 75 69 6 43 50 16 259
Manningham City Council 74 56 7 73 55 20 285
Mansfield Shire Council 49 52 8 19 25 1 154
Maribyrnong City Council 128 33 11 23 11 45 251
Maroondah City Council 62 86 12 47 57 58 322
Melbourne City Council 872 876 193 117 84 50 2,192
Melton City Council 109 75 12 60 84 51 391
Mildura Rural City Council 128 128 13 144 150 50 613
Mitchell Shire Council 76 76 3 14 37 23 229
Moira Shire Council 56 47 6 95 35 29 268
Page 78 The Food Act report 2017: prioritising food safety and strengthening regulation
Business Business Business Community Community Community Premises Premises Premises Group Group Group Registrations Registrations Notifications Registrations Registrations Notifications Council Class 2 Class 3 Class 4 Class 2 Class 3 Class 4 Total Monash City Council 199 120 21 112 107 87 646
Moonee Valley City Council 81 98 14 84 59 27 363
Moorabool Shire Council 89 88 11 30 39 16 273
Moreland City Council 333 200 22 88 57 62 762
Mornington Peninsula Shire Council 201 206 18 86 107 121 739
Mount Alexander Shire Council 59 77 4 42 33 13 228
Moyne Shire Council 51 55 7 37 25 7 182
Murrindindi Shire Council 59 71 11 56 82 9 288
Nillumbik Shire Council 67 74 8 25 32 63 269
Northern Grampians Shire Council 25 23 3 44 20 4 119
Port Phillip City Council 342 252 16 37 52 37 736
Pyrenees Shire Council 43 23 3 17 25 6 117
South Gippsland Shire Council 52 91 5 83 58 13 302
Southern Grampians Shire Council 69 73 4 116 55 5 322
Stonnington City Council 170 107 15 60 51 27 430
Strathbogie Shire Council 20 43 5 69 23 10 170
Surf Coast Shire 103 136 8 27 54 14 342
Swan Hill Rural City Council 45 57 8 26 29 47 212
The Food Act report 2017: prioritising food safety and strengthening regulation Page 79
Business Business Business Community Community Community Premises Premises Premises Group Group Group Registrations Registrations Notifications Registrations Registrations Notifications Council Class 2 Class 3 Class 4 Class 2 Class 3 Class 4 Total Towong Shire Council 20 8 3 12 16 2 61
Wangaratta Rural City Council 109 93 5 19 10 29 265
Warrnambool City Council 69 67 6 53 41 27 263
Wellington Shire Council 93 81 4 59 78 33 348
West Wimmera Shire Council 21 11 1 17 13 1 64
Whitehorse City Council 98 63 16 132 100 73 482
Whittlesea City Council 184 108 14 94 116 79 595
Wodonga City Council 127 80 8 49 58 39 361
Wyndham City Council 368 176 14 75 158 73 864
Yarra City Council 319 256 23 82 61 22 763
Yarra Ranges Shire Council 262 296 49 162 174 132 1,075
Yarriambiack Shire Council 17 15 2 26 23 3 86
Total 9,102 8,157 938 4,257 4,203 2,770 29,427
Page 80 The Food Act report 2017: prioritising food safety and strengthening regulation
Appendix 7: New class 4 temporary and mobile food premises notifications by principal council
The following table excludes food vending machines, which are minimally regulated under the Act.
New class 4 temporary and mobile food premises notifications by principal council, Victoria 2017
Jan- Apr- Jul- Oct- Council Mar Jun Sep Dec Total Alpine Shire Council 0 2 1 0 3
Ararat Rural City Council 0 0 2 0 2
Banyule City Council 22 16 22 18 78
Bass Coast Shire Council 3 10 5 9 27
Baw Baw Shire Council 17 12 11 8 48
Bayside City Council 15 6 9 19 49
Benalla Rural City 2 1 0 2 5
Boroondara City Council 23 18 21 21 83
Borough of Queenscliffe 1 0 1 0 2
Brimbank City Council 11 11 16 21 59
Buloke Shire Council 2 2 1 1 6
Campaspe Shire Council 16 9 7 21 53
Cardinia Shire Council 27 21 20 15 83
Casey City Council 23 27 36 36 122
Central Goldfields Shire Council 0 2 1 4 7
City of Ballarat 14 12 16 30 72
Colac Otway Shire Council 4 7 1 3 15
Corangamite Shire Council 2 2 12 6 22
Darebin City Council 13 24 12 10 59
East Gippsland Shire Council 4 10 8 16 38
Frankston City Council 30 28 13 26 97
Gannawarra Shire Council 1 2 0 0 3
Glen Eira City Council 16 10 13 16 55
Glenelg Shire Council 4 6 0 5 15
Golden Plains Shire Council 1 3 2 7 13
The Food Act report 2017: prioritising food safety and strengthening regulation Page 81
Jan- Apr- Jul- Oct- Council Mar Jun Sep Dec Total Greater Bendigo City Council 20 29 20 22 91
Greater Dandenong City Council 12 27 10 10 59
Greater Geelong City Council 1 8 4 11 24
Greater Shepparton City Council 8 18 21 15 62
Hepburn Shire Council 6 7 3 6 22
Hindmarsh Shire Council 0 0 1 0 1
Hobson's Bay City Council 3 7 5 10 25
Horsham Rural City Council 7 1 1 8 17
Hume City Council 17 19 26 22 84
Indigo Shire Council 5 5 6 5 21
Kingston City Council 22 39 35 30 126
Knox City Council 24 16 16 9 65
Latrobe City Council 23 12 19 12 66
Loddon Shire Council 1 1 3 1 6
Macedon Ranges Shire Council 9 4 4 5 22
Manningham City Council 5 6 12 4 27
Mansfield Shire Council 6 1 0 2 9
Maribyrnong City Council 11 19 13 13 56
Maroondah City Council 19 19 20 12 70
Melbourne City Council 30 94 73 46 243
Melton City Council 24 14 9 16 63
Mildura Rural City Council 24 11 16 12 63
Mitchell Shire Council 2 1 8 15 26
Moira Shire Council 12 3 6 14 35
Monash City Council 49 20 22 17 108
Moonee Valley City Council 12 8 10 11 41
Moorabool Shire Council 10 7 6 4 27
Moreland City Council 26 21 23 14 84
Mornington Peninsula Shire Council 47 22 29 41 139
Mount Alexander Shire Council 5 3 3 6 17
Page 82 The Food Act report 2017: prioritising food safety and strengthening regulation
Jan- Apr- Jul- Oct- Council Mar Jun Sep Dec Total Moyne Shire Council 8 2 0 4 14
Murrindindi Shire Council 8 4 2 6 20
Nillumbik Shire Council 23 14 17 17 71
Northern Grampians Shire Council 4 2 0 1 7
Port Phillip City Council 12 18 14 9 53
Pyrenees Shire Council 2 2 0 5 9
South Gippsland Shire Council 5 6 4 3 18
Southern Grampians Shire Council 2 5 2 0 9
Stonnington City Council 18 8 10 6 42
Strathbogie Shire Council 3 2 4 6 15
Surf Coast Shire 7 10 4 1 22
Swan Hill Rural City Council 19 14 13 9 55
Towong Shire Council 3 1 0 1 5
Wangaratta Rural City Council 9 9 9 7 34
Warrnambool City Council 11 8 4 10 33
Wellington Shire Council 8 6 8 15 37
West Wimmera Shire Council 0 0 0 2 2
Whitehorse City Council 22 22 24 21 89
Whittlesea City Council 28 13 23 29 93
Wodonga City Council 13 7 12 15 47
Wyndham City Council 35 25 13 14 87
Yarra City Council 13 11 12 9 45
Yarra Ranges Shire Council 43 45 39 54 181
Yarriambiack Shire Council 2 1 1 1 5
Total 989 918 869 932 3,708
The Food Act report 2017: prioritising food safety and strengthening regulation Page 83
Appendix 8: Class 1-3 fixed food premises registration type by municipality
The registration by type data is separated into two tables because some of the data is calculated across the calendar year and some data is captured at ‘point of time’. Table 8.1 includes registration types that are counted from across the whole of 2017. This data includes initial, transfer, revocation and refusal of registration. Table 8.2 includes registration types that are counted at a single ‘point in time’. Variables are taken from the last submission by councils prior to their renewal period, which varies from council to council. Because some council’s quarter four (calendar year) registrations could be ‘pending registration’, because they renew registrations on 31 December, including this quarter would be misleading. The data in this appendix also differs from that in Appendix 4 due to different variables being assessed. The following registration statuses are not considered in Appendix 4: • closed by proprietor • pending registration • refused or revoked (unless it occurs in quarter 4) • refused or revoked (unless it occurs in quarter 4) • unregistered premises. The status of a premises can also change throughout the year. Some registrations may have had conditions imposed on them, been revoked or been suspended and so the status may have been counted more than once after a change occurred. The data, looking across 2017, does not assume that all registered businesses are still trading. For example, an initial registration may be shorter than twelve months.
8.1: Class 1-3 fixed food premises registration type by municipality across 2017
Registration Refuse renewal of registration Registration or revoked suspended Closed by proprietor Council Conditional Total Alpine Shire Council 0 0 0 1 1
Ararat Rural City Council 0 0 0 4 4
Banyule City Council 6 0 0 25 31
Bass Coast Shire Council 0 0 0 10 10
Baw Baw Shire Council 4 0 0 13 17
Bayside City Council 0 0 0 12 12
Benalla Rural City 0 0 0 3 3
Boroondara City Council 0 0 0 27 27
Page 84 The Food Act report 2017: prioritising food safety and strengthening regulation
Registration Refuse renewal of registration Registration or revoked suspended Closed by proprietor Council Conditional Total Borough of Queenscliffe 0 0 0 4 4
Brimbank City Council 1 0 0 19 20
Buloke Shire Council 0 0 0 0 0
Campaspe Shire Council 1 0 0 4 5
Cardinia Shire Council 0 0 0 10 10
Casey City Council 0 0 0 25 25
Central Goldfields Shire Council 0 0 0 2 2
City of Ballarat 1 0 0 1 2
Colac Otway Shire Council 0 0 1 7 8
Corangamite Shire Council 2 0 0 20 22
Darebin City Council 0 0 0 132 132
East Gippsland Shire Council 0 0 0 7 7
Frankston City Council 0 0 8 0 8
Gannawarra Shire Council 0 0 0 0 0
Glen Eira City Council 0 0 0 23 23
Glenelg Shire Council 13 0 0 2 15
Golden Plains Shire Council 3 0 0 2 5
Greater Bendigo City Council 0 0 0 38 38
Greater Dandenong City Council 0 0 0 14 14
Greater Geelong City Council 0 0 0 147 147
Greater Shepparton City Council 0 0 0 0 0
Hepburn Shire Council 0 0 0 9 9
Hindmarsh Shire Council 0 0 0 0 0
Hobson's Bay City Council 0 0 0 24 24
Horsham Rural City Council 0 0 0 13 13
Hume City Council 0 0 0 30 30
Indigo Shire Council 0 0 0 5 5
The Food Act report 2017: prioritising food safety and strengthening regulation Page 85
Registration Refuse renewal of registration Registration or revoked suspended Closed by proprietor Council Conditional Total Kingston City Council 0 0 0 381 381
Knox City Council 0 0 0 22 22
Latrobe City Council 0 0 8 4 12
Loddon Shire Council 0 0 0 1 1
Macedon Ranges Shire Council 0 0 0 41 41
Manningham City Council 0 0 0 87 87
Mansfield Shire Council 2 0 0 4 6
Maribyrnong City Council 22 0 0 15 37
Maroondah City Council 0 0 0 35 35
Melbourne City Council 0 1 4 99 104
Melton City Council 3 0 0 5 8
Mildura Rural City Council 0 0 0 0 0
Mitchell Shire Council 0 0 0 10 10
Moira Shire Council 0 0 0 3 3
Monash City Council 0 0 0 0 0
Moonee Valley City Council 0 0 0 159 159
Moorabool Shire Council 0 0 0 3 3
Moreland City Council 0 0 0 86 86
Mornington Peninsula Shire Council 17 0 0 19 36
Mount Alexander Shire Council 0 0 0 7 7
Moyne Shire Council 0 0 1 2 3
Murrindindi Shire Council12 0 0 0 3 3
Nillumbik Shire Council 0 0 0 0 0
Northern Grampians Shire Council 2 0 0 3 5
Port Phillip City Council 0 0 0 40 40
Pyrenees Shire Council 0 0 0 3 3
12 Murrindindi Shire Council provided incomplete data for 2017.
Page 86 The Food Act report 2017: prioritising food safety and strengthening regulation
Registration Refuse renewal of registration Registration or revoked suspended Closed by proprietor Council Conditional Total South Gippsland Shire Council 0 0 0 0 0
Southern Grampians Shire Council 2 0 0 3 5
Stonnington City Council 0 0 0 35 35
Strathbogie Shire Council 0 0 0 5 5
Surf Coast Shire 6 0 1 10 17
Swan Hill Rural City Council 0 0 0 0 0
Towong Shire Council 0 0 0 1 1
Wangaratta Rural City Council 0 0 0 2 2
Warrnambool City Council 0 0 0 6 6
Wellington Shire Council 0 0 0 8 8
West Wimmera Shire Council 0 0 0 2 2
Whitehorse City Council 11 0 0 31 42
Whittlesea City Council 2 0 0 3 5
Wodonga City Council 0 3 0 16 19
Wyndham City Council 56 0 0 0 56
Yarra City Council 0 0 0 13 13
Yarra Ranges Shire Council 1 0 0 39 40
Yarriambiack Shire Council 0 0 0 1 1
Total 155 4 23 1,840 2,022
8.2: Class 1–3 fixed food premises registration type by municipality at 31 December 2017 (‘point-
in-time’ data)
registration Transfer registration Renewal registration Pending registration Council Initial Total Alpine Shire Council 19 8 228 0 255
Ararat Rural City Council 4 0 142 0 146
The Food Act report 2017: prioritising food safety and strengthening regulation Page 87
registration Transfer registration Renewal registration Pending registration Council Initial Total Banyule City Council 804 49 688 0 1,541
Bass Coast Shire Council 25 2 363 0 390
Baw Baw Shire Council 13 34 439 0 486
Bayside City Council 30 58 639 0 727
Benalla Rural City 0 0 132 0 132
Boroondara City Council 44 113 1,142 0 1,299
Borough of Queenscliffe 3 7 73 0 83
Brimbank City Council 40 91 1,066 0 1,197
Buloke Shire Council 2 0 78 0 80
Campaspe Shire Council 38 9 202 3 252
Cardinia Shire Council 57 23 567 0 647
Casey City Council 62 101 1,211 0 1,374
Central Goldfields Shire Council 0 0 106 0 106
City of Ballarat 306 120 765 10 1,201
Colac Otway Shire Council 213 19 288 0 520
Corangamite Shire Council 96 27 188 0 311
Darebin City Council 76 12 1,172 0 1,260
East Gippsland Shire Council 52 38 459 0 549
Frankston City Council 40 3 245 503 791
Gannawarra Shire Council 41 10 106 0 157
Glen Eira City Council 29 71 944 1 1,045
Glenelg Shire Council 13 7 170 0 190
Golden Plains Shire Council 10 13 123 0 146
Greater Bendigo City Council 132 73 271 571 1,047
Greater Dandenong City Council 369 100 1,151 0 1,620
Greater Geelong City Council 444 166 1,770 0 2,380
Greater Shepparton City Council 98 84 135 348 665
Page 88 The Food Act report 2017: prioritising food safety and strengthening regulation
registration Transfer registration Renewal registration Pending registration Council Initial Total Hepburn Shire Council 40 14 230 0 284
Hindmarsh Shire Council 0 0 114 0 114
Hobson's Bay City Council 19 53 602 0 674
Horsham Rural City Council 26 0 214 0 240
Hume City Council 39 81 1,156 0 1,276
Indigo Shire Council 7 9 256 0 272
Kingston City Council 222 30 272 971 1,495
Knox City Council 45 132 892 94 1,163
Latrobe City Council 19 37 516 0 572
Loddon Shire Council 8 4 128 0 140
Macedon Ranges Shire Council 12 1 365 0 378
Manningham City Council 92 90 630 667 1,479
Mansfield Shire Council 15 9 181 0 205
Maribyrnong City Council 17 85 768 0 870
Maroondah City Council 0 5 3 459 467
Melbourne City Council 1,481 555 2,421 561 5,018
Melton City Council 139 110 397 1 647
Mildura Rural City Council13 0 0 0 0 0
Mitchell Shire Council 12 11 250 0 273
Moira Shire Council 19 14 252 0 285
Monash City Council 29 16 853 388 1,286
Moonee Valley City Council 98 104 787 0 989
Moorabool Shire Council 21 14 190 5 230
Moreland City Council 216 172 1,026 92 1,506
Mornington Peninsula Shire Council 209 142 1,075 0 1,426
Mount Alexander Shire Council 6 1 132 0 139
13 Mildura Rural City Council was unable to submit quarter four data in 2017.
The Food Act report 2017: prioritising food safety and strengthening regulation Page 89
registration Transfer registration Renewal registration Pending registration Council Initial Total Moyne Shire Council 46 3 164 0 213
Murrindindi Shire Council14 0 0 77 0 77
Nillumbik Shire Council 82 0 319 329 730
Northern Grampians Shire Council 21 1 176 0 198
Port Phillip City Council 77 108 1,083 1 1,269
Pyrenees Shire Council 6 3 101 0 110
South Gippsland Shire Council 0 1 317 13 331
Southern Grampians Shire Council 5 3 181 0 189
Stonnington City Council 93 95 1,181 0 1,369
Strathbogie Shire Council 3 5 108 0 116
Surf Coast Shire 28 19 355 0 402
Swan Hill Rural City Council 28 9 202 0 239
Towong Shire Council 3 1 61 0 65
Wangaratta Rural City Council 19 0 247 0 266
Warrnambool City Council 11 8 305 0 324
Wellington Shire Council 62 0 341 0 403
West Wimmera Shire Council 1 1 69 0 71
Whitehorse City Council 17 96 1,043 1 1,157
Whittlesea City Council 223 67 860 0 1,150
Wodonga City Council 21 15 249 0 285
Wyndham City Council 426 154 738 73 1,391
Yarra City Council 236 1 1,263 0 1,500
Yarra Ranges Shire Council 78 75 1,129 0 1,282
Yarriambiack Shire Council 6 4 88 0 98
Total 7,343 3,596 39,230 5,091 55,260
14 Murrindindi Shire Council provided incomplete data in 2017.
Page 90 The Food Act report 2017: prioritising food safety and strengthening regulation
Appendix 9: Compliance checks conducted at class 1–3 fixed food premises by class and municipality
The following table includes all mandatory compliance checks, that is, council inspections of class 1–3 food premises, council assessments of class 1 and 2 premises and food safety audits of class 1 (mandatory) and class 2 (optional for proprietors). It excludes routine follow-up, non-compliance and food compliance inspections.
Compliance checks conducted at class 1–3 fixed food premises by class and municipality, Victoria 2017
Critical Critical
------
Compliant Major Class 1: non compliance Class 1: non compliance Class 2: Compliant Major Class 2: non compliance Class 2: Critical non compliance Class 3: Compliant Major Class 3: non compliance Class 3: Critical non compliance Council Class 1: Total Alpine Shire Council 6 0 0 81 31 0 34 1 0 153
Ararat Rural City Council 3 0 4 74 1 14 9 0 0 105
Banyule City Council 59 2 0 479 58 5 121 5 0 729
Bass Coast Shire Council 15 2 0 245 96 1 45 1 0 405
Baw Baw Shire Council 32 0 0 295 15 41 44 1 0 428
Bayside City Council 93 2 0 456 116 2 152 10 0 831
Benalla Rural City 2 2 0 5 55 0 1 0 0 65
Boroondara City Council 155 8 0 547 247 136 180 12 4 1,289
Borough of Queenscliffe 2 0 0 73 9 0 15 0 0 99
Brimbank City Council 149 0 1 818 63 10 275 8 2 1,326
The Food Act report 2017: prioritising food safety and strengthening regulation Page 91
Critical Critical
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Compliant Major Class 1: non compliance Class 1: non compliance Class 2: Compliant Major Class 2: non compliance Class 2: Critical non compliance Class 3: Compliant Major Class 3: non compliance Class 3: Critical non compliance Council Class 1: Total Buloke Shire Council 6 0 0 30 2 2 0 0 0 40
Campaspe Shire Council 26 2 0 213 35 1 67 3 1 348
Cardinia Shire Council 74 0 0 395 12 0 215 2 0 698
Casey City Council 223 5 0 915 16 0 372 8 2 1,541
Central Goldfields Shire Council 5 1 0 2 7 0 1 0 0 16
City of Ballarat 100 3 0 547 178 1 172 14 0 1,015
Colac Otway Shire Council 18 1 0 226 67 2 58 2 0 374
Corangamite Shire Council 19 1 1 144 34 0 40 4 0 243
Darebin City Council 123 4 0 918 115 8 283 11 2 1,464
East Gippsland Shire Council 46 0 0 367 2 0 105 1 0 521
Frankston City Council 96 11 2 321 174 18 140 29 1 792
Gannawarra Shire Council 3 0 0 65 4 0 20 0 0 92
Glen Eira City Council 67 2 0 627 74 2 147 4 0 923
Glenelg Shire Council 13 0 0 115 8 2 27 0 0 165
Golden Plains Shire Council 3 3 0 87 17 0 30 1 0 141
Greater Bendigo City Council 80 9 0 482 147 1 107 7 0 833
Greater Dandenong City Council 128 0 0 1,436 10 1 606 0 3 2,184
Page 92 The Food Act report 2017: prioritising food safety and strengthening regulation
Critical Critical
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Compliant Major Class 1: non compliance Class 1: non compliance Class 2: Compliant Major Class 2: non compliance Class 2: Critical non compliance Class 3: Compliant Major Class 3: non compliance Class 3: Critical non compliance Council Class 1: Total Greater Geelong City Council 169 4 1 1,250 135 17 267 1 1 1,845
Greater Shepparton City Council 61 2 1 294 62 2 100 8 0 530
Hepburn Shire Council 11 0 0 176 7 0 61 0 0 255
Hindmarsh Shire Council 5 0 0 51 2 5 15 0 0 78
Hobson's Bay City Council 56 6 1 346 159 13 126 5 0 712
Horsham Rural City Council 7 0 0 94 0 0 42 0 0 143
Hume City Council 110 1 0 876 146 2 292 13 0 1,440
Indigo Shire Council 12 0 0 136 23 4 58 1 0 234
Kingston City Council 118 7 0 930 205 2 410 16 0 1,688
Knox City Council 138 11 0 438 159 5 289 19 2 1,061
Latrobe City Council 42 17 9 104 114 237 50 30 27 630
Loddon Shire Council 6 0 0 70 5 0 35 0 0 116
Macedon Ranges Shire Council 31 2 0 215 65 0 90 5 0 408
Manningham City Council 79 26 1 213 309 36 110 42 1 817
Mansfield Shire Council 6 0 0 138 14 4 48 3 0 213
Maribyrnong City Council 60 3 0 390 285 72 108 47 7 972
Maroondah City Council 107 4 2 404 86 9 97 7 0 716
The Food Act report 2017: prioritising food safety and strengthening regulation Page 93
Critical Critical
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Compliant Major Class 1: non compliance Class 1: non compliance Class 2: Compliant Major Class 2: non compliance Class 2: Critical non compliance Class 3: Compliant Major Class 3: non compliance Class 3: Critical non compliance Council Class 1: Total Melbourne City Council 49 17 0 1,153 1,550 198 0 0 0 2,967
Melton City Council 46 9 1 204 86 13 68 10 2 439
Mildura Rural City Council15 39 4 0 391 141 1 74 19 0 669
Mitchell Shire Council 32 0 1 160 2 2 41 0 0 238
Moira Shire Council 23 1 0 203 16 2 42 0 0 287
Monash City Council 160 7 2 562 364 54 296 54 3 1,502
Moonee Valley City Council 92 0 0 676 40 2 100 1 0 911
Moorabool Shire Council 13 5 0 124 42 1 39 3 0 227
Moreland City Council 113 13 4 759 219 128 169 26 4 1,435
Mornington Peninsula Shire Council 85 13 5 731 136 37 211 7 1 1,226
Mount Alexander Shire Council 4 1 0 89 13 1 29 0 0 137
Moyne Shire Council 6 0 0 189 0 5 43 0 0 243
Murrindindi Shire Council16 0 0 0 1 0 0 0 0 0 1
Nillumbik Shire Council 36 6 1 129 83 4 92 10 0 361
Northern Grampians Shire Council 7 0 0 73 20 0 22 1 0 123
15 Mildura Rural City Council was unable to submit quarter four data in 2017. 16 Murrindindi Shire Council provided incomplete data for 2017.
Page 94 The Food Act report 2017: prioritising food safety and strengthening regulation
Critical Critical
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Compliant Major Class 1: non compliance Class 1: non compliance Class 2: Compliant Major Class 2: non compliance Class 2: Critical non compliance Class 3: Compliant Major Class 3: non compliance Class 3: Critical non compliance Council Class 1: Total Port Phillip City Council 67 8 0 919 208 27 156 5 0 1,390
Pyrenees Shire Council 2 0 0 64 5 0 26 0 0 97
South Gippsland Shire Council 17 0 0 201 3 9 56 0 2 288
Southern Grampians Shire Council 7 0 0 132 11 2 37 0 0 189
Stonnington City Council 82 1 0 854 188 13 147 1 0 1,286
Strathbogie Shire Council 13 0 0 91 0 0 27 0 0 131
Surf Coast Shire 24 4 1 214 67 5 67 2 0 384
Swan Hill Rural City Council 21 0 0 111 15 0 43 0 0 190
Towong Shire Council 4 0 0 20 6 0 6 1 0 37
Wangaratta Rural City Council 19 0 0 110 67 3 41 5 0 245
Warrnambool City Council 31 1 0 220 26 1 48 0 0 327
Wellington Shire Council 0 0 0 0 0 0 0 0 0 0
West Wimmera Shire Council 3 0 0 42 1 0 9 0 0 55
Whitehorse City Council 134 0 0 854 42 11 217 16 0 1,274
Whittlesea City Council 103 4 0 489 300 1 221 42 0 1,160
Wodonga City Council 20 4 0 126 52 2 43 4 0 251
Wyndham City Council 166 2 0 743 109 5 214 9 0 1,248
The Food Act report 2017: prioritising food safety and strengthening regulation Page 95
Critical Critical
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Compliant Major Class 1: non compliance Class 1: non compliance Class 2: Compliant Major Class 2: non compliance Class 2: Critical non compliance Class 3: Compliant Major Class 3: non compliance Class 3: Critical non compliance Council Class 1: Total Yarra City Council 84 4 0 1,214 174 2 229 10 0 1,717
Yarra Ranges Shire Council 100 2 0 880 7 1 321 0 0 1,311
Yarriambiack Shire Council 4 0 0 67 1 0 7 0 0 79
Total 4,170 247 38 28,883 7,363 1,185 8,605 547 65 51,103
Page 96 The Food Act report 2017: prioritising food safety and strengthening regulation
Appendix 10: Compliance checks conducted at class 2–4 temporary and mobile food premises
The following table includes all compliance checks, that is, council inspections of class 2–4 premises, and council assessments of class 2 premises and food safety audits of class 2 premises (optional for proprietors). It also includes water transport vehicles (class 3) but excludes food vending machines, which are minimally regulated under the Act.
Compliance checks conducted at class 2–4 temporary and mobile food premises by class, municipality, Victoria 2017
Council Class 2 Class 3 Class 4 Total Alpine Shire Council 10 6 0 16
Ararat Rural City Council 1 2 0 3
Banyule City Council 10 5 1 16
Bass Coast Shire Council 40 6 0 46
Baw Baw Shire Council 39 21 13 73
Bayside City Council 41 10 10 61
Benalla Rural City 0 0 0 0
Boroondara City Council 15 5 0 20
Borough of Queenscliffe 10 0 0 10
Brimbank City Council 44 22 0 66
Buloke Shire Council 0 0 0 0
Campaspe Shire Council 92 58 5 155
Cardinia Shire Council 30 16 0 46
Casey City Council 63 45 0 108
Central Goldfields Shire 0 0 0 0
City of Ballarat 49 9 5 63
Colac Otway Shire Council 52 46 8 106
Corangamite Shire Council 0 0 0 0
Darebin City Council 1 1 0 2
East Gippsland Shire Council 9 10 0 19
Frankston City Council 126 86 11 223
The Food Act report 2017: prioritising food safety and strengthening regulation Page 97
Council Class 2 Class 3 Class 4 Total Gannawarra Shire Council 7 6 0 13
Glen Eira City Council 60 28 1 89
Glenelg Shire Council 0 8 0 8
Golden Plains Shire Council 55 12 0 67
Greater Bendigo City Council 73 46 3 122
Greater Dandenong City Council 100 28 4 132
Greater Geelong City Council 17 4 3 24
Greater Shepparton City Council 54 20 4 78
Hepburn Shire Council 8 0 0 8
Hindmarsh Shire Council 2 0 0 2
Hobson's Bay City Council 32 8 2 42
Horsham Rural City Council 6 6 1 13
Hume City Council 194 42 6 242
Indigo Shire Council 10 3 0 13
Kingston City Council 18 2 2 22
Knox City Council 20 28 9 57
Latrobe City Council 59 49 23 131
Loddon Shire Council 17 8 0 25
Macedon Ranges Shire Council 16 7 5 28
Manningham City Council 29 31 8 68
Mansfield Shire Council 21 15 5 41
Maribyrnong City Council 187 48 15 250
Maroondah City Council 54 39 11 104
Melbourne City Council 985 309 54 1,348
Melton City Council 45 23 1 69
Mildura Rural City Council 73 41 5 119
Mitchell Shire Council 17 10 0 27
Moira Shire Council 61 25 23 109
Monash City Council 35 4 2 41
Moonee Valley City Council 62 23 7 92
Page 98 The Food Act report 2017: prioritising food safety and strengthening regulation
Council Class 2 Class 3 Class 4 Total Moorabool Shire Council 19 11 0 30
Moreland City Council 94 23 6 123
Mornington Peninsula Shire Council 192 128 71 391
Mount Alexander Shire Council 12 5 2 19
Moyne Shire Council 62 18 11 91
Murrindindi Shire Council 0 5 0 5
Nillumbik Shire Council 29 13 6 48
Northern Grampians Shire Council 43 7 0 50
Port Phillip City Council 90 23 2 115
Pyrenees Shire Council 57 13 7 77
South Gippsland Shire Council 74 22 6 102
Southern Grampians Shire Council 33 13 0 46
Stonnington City Council 0 0 0 0
Strathbogie Shire Council 5 2 0 7
Surf Coast Shire 78 24 5 107
Swan Hill Rural City Council 18 12 2 32
Towong Shire Council 4 1 1 6
Wangaratta Rural City Council 46 18 10 74
Warrnambool City Council 22 10 5 37
Wellington Shire Council 0 0 0 0
West Wimmera Shire Council 4 1 0 5
Whitehorse City Council 97 62 28 187
Whittlesea City Council 127 28 3 158
Wodonga City Council 63 26 4 93
Wyndham City Council 201 47 5 253
Yarra City Council 96 50 24 170
Yarra Ranges Shire Council 86 90 12 188
Yarriambiack Shire Council 6 2 1 9
Total 4,507 1,875 458 6,840
The Food Act report 2017: prioritising food safety and strengthening regulation Page 99
Appendix 11: Enforcement action by councils for offences in relation to class 1–3 food fixed premises by class
The following table includes ‘general enforcement actions’, which refer to a range of actions taken by councils for breaches of various sections of the Act. Among these are various directions and orders to comply, premises closures, food seizures, revocation or suspension of registration, legal proceedings for breach of undertakings and increases in food premises audit frequency. The table does not include offences under the Act which resulted in a conviction.
Enforcement action by councils for offences in relation to class 1–3 food fixed premises by class and municipality, Victoria 2017
General Infringement General Infringement General Infringement enforcements notices enforcements notices enforcements notices Council Class 1 Class 1 Class 2 Class 2 Class 3 Class 3 Total Alpine Shire Council 0 0 0 0 0 0 0
Ararat Rural City Council 0 0 0 0 0 0 0
Banyule City Council 0 0 1 0 0 0 1
Bass Coast Shire Council 0 0 0 0 0 0 0
Baw Baw Shire Council 0 0 0 0 0 0 0
Bayside City Council 0 0 3 3 0 1 7
Benalla Rural City 0 0 0 0 0 0 0
Boroondara City Council 1 0 89 30 2 5 127
Borough of Queenscliffe 0 0 0 0 0 0 0
Brimbank City Council 0 0 4 18 0 3 25
Buloke Shire Council 0 0 0 0 0 0 0
Campaspe Shire Council 0 0 5 0 3 0 8
Page 100 The Food Act report 2017: prioritising food safety and strengthening regulation
General Infringement General Infringement General Infringement enforcements notices enforcements notices enforcements notices Council Class 1 Class 1 Class 2 Class 2 Class 3 Class 3 Total Cardinia Shire Council 0 0 2 3 0 1 6
Casey City Council 0 0 1 9 0 6 16
Central Goldfields Shire Council 0 0 0 0 0 0 0
City of Ballarat 0 0 30 0 1 0 31
Colac Otway Shire Council 0 1 1 0 0 0 2
Corangamite Shire Council 1 0 1 0 0 0 2
Darebin City Council 0 0 15 0 3 0 18
East Gippsland Shire Council 0 0 0 0 0 0 0
Frankston City Council 4 0 66 4 11 1 86
Gannawarra Shire Council 0 0 0 0 0 0 0
Glen Eira City Council 0 0 3 2 0 7 12
Glenelg Shire Council 0 0 1 0 0 0 1
Golden Plains Shire Council 0 0 7 2 0 0 9
Greater Bendigo City Council 0 0 4 0 0 0 4
Greater Dandenong City Council 0 0 11 12 0 0 23
Greater Geelong City Council 0 0 0 0 0 0 0
Greater Shepparton City Council 0 0 0 0 0 0 0
Hepburn Shire Council 0 0 0 0 0 0 0
Hindmarsh Shire Council 0 0 0 0 0 0 0
The Food Act report 2017: prioritising food safety and strengthening regulation Page 101
General Infringement General Infringement General Infringement enforcements notices enforcements notices enforcements notices Council Class 1 Class 1 Class 2 Class 2 Class 3 Class 3 Total Hobson's Bay City Council 0 0 3 1 0 0 4
Horsham Rural City Council 0 0 0 0 0 0 0
Hume City Council 0 0 2 1 2 0 5
Indigo Shire Council 0 0 0 0 0 0 0
Kingston City Council 2 0 188 0 7 0 197
Knox City Council 0 0 14 5 4 1 24
Latrobe City Council 0 0 0 0 0 0 0
Loddon Shire Council 0 0 0 0 0 0 0
Macedon Ranges Shire Council 0 0 0 0 0 0 0
Manningham City Council 3 0 31 38 2 0 74
Mansfield Shire Council 0 0 3 0 0 0 3
Maribyrnong City Council 3 0 368 197 69 10 647
Maroondah City Council 0 0 5 1 0 1 7
Melbourne City Council 0 0 85 0 6 0 91
Melton City Council 0 0 0 0 0 0 0
Mildura Rural City Council17 1 0 5 6 0 0 12
Mitchell Shire Council 0 0 1 3 0 0 4
Moira Shire Council 0 0 4 2 0 0 6
17 Mildura Rural City Council was unable to submit quarter four data for 2017.
Page 102 The Food Act report 2017: prioritising food safety and strengthening regulation
General Infringement General Infringement General Infringement enforcements notices enforcements notices enforcements notices Council Class 1 Class 1 Class 2 Class 2 Class 3 Class 3 Total Monash City Council 0 0 32 29 2 12 75
Moonee Valley City Council 0 0 5 0 0 0 5
Moorabool Shire Council 0 0 0 0 0 0 0
Moreland City Council 0 0 7 0 2 0 9
Mornington Peninsula Shire Council 1 0 16 1 0 0 18
Mount Alexander Shire Council 0 0 0 0 0 0 0
Moyne Shire Council 0 0 1 0 0 0 1
Murrindindi Shire Council18 ------
Nillumbik Shire Council 0 0 2 0 0 0 2
Northern Grampians Shire Council 0 0 0 0 0 0 0
Port Phillip City Council 0 0 39 1 0 0 40
Pyrenees Shire Council 0 0 1 0 0 0 1
South Gippsland Shire Council 0 0 0 0 0 0 0
Southern Grampians Shire Council 0 0 6 0 0 0 6
Stonnington City Council 0 0 16 4 0 0 20
Strathbogie Shire Council 0 0 1 0 0 0 1
Surf Coast Shire 0 0 4 1 0 0 5
Swan Hill Rural City Council 0 0 0 0 0 0 0
18 Murrindindi Shire Council provided no data for 2017
The Food Act report 2017: prioritising food safety and strengthening regulation Page 103
General Infringement General Infringement General Infringement enforcements notices enforcements notices enforcements notices Council Class 1 Class 1 Class 2 Class 2 Class 3 Class 3 Total Towong Shire Council 0 0 0 0 0 0 0
Wangaratta Rural City Council 0 0 0 0 0 0 0
Warrnambool City Council 0 0 1 0 0 0 1
Wellington Shire Council 0 0 0 0 0 0 0
West Wimmera Shire Council 0 0 0 0 0 0 0
Whitehorse City Council 1 0 44 11 6 1 63
Whittlesea City Council 0 0 1 2 0 0 3
Wodonga City Council 0 0 0 0 0 0 0
Wyndham City Council 0 0 27 14 7 0 48
Yarra City Council 0 0 18 0 0 0 18
Yarra Ranges Shire Council 0 0 0 28 0 1 29
Yarriambiack Shire Council 0 0 0 0 0 0 0
Total 17 1 1,174 428 127 50 1,797
Page 104 The Food Act report 2017: prioritising food safety and strengthening regulation
Appendix 12: Enforcement action by council by premises type
The following tables refer to enforcement action taken by Victorian councils under the Act in 2017. The details of the relevant sections of the Act appear at the end of this appendix. Enforcement action by council by premises type
Enforcement action by Banyule City Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Takeaway foods/ chain food /kiosk 0 0 0 1 1
Total 0 0 0 1 1
Enforcement action by Bayside City Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Café/restaurant 2 0 0 0 2
Takeaway foods/ chain food /kiosk 0 0 1 0 1
Total 2 0 1 0 3
The Food Act report 2017: prioritising food safety and strengthening regulation Page 105
Enforcement action by Boroondara City Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Bakery retailer 3 0 0 3 6
Café/restaurant 27 0 0 31 58
Club 0 0 0 1 1
Coffee and dessert outlet 1 0 0 0 1
Convenience stores 0 0 0 1 1
Delicatessen 1 0 0 1 2
Hospital 0 0 0 1 1
Juice bar 0 0 0 1 1
Takeaway foods/ chain food /kiosk 7 0 0 14 21
Total 39 0 0 53 92
Enforcement action by Brimbank City Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Café/restaurant 1 0 0 0 1
Takeaway foods/ chain food /kiosk 3 0 0 0 3
Total 4 0 0 0 4
Page 106 The Food Act report 2017: prioritising food safety and strengthening regulation
Enforcement action by Campaspe Shire Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Café/restaurant 2 0 0 0 2
Green grocery 1 1 0 0 2
Manufacturer low-risk foods 1 0 0 0 1
Supermarket 1 0 0 0 1
Takeaway foods/ chain food /kiosk 1 0 1 0 2
Total 6 1 1 0 8
Enforcement action by Cardinia Shire Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Café/restaurant 1 0 0 0 1
Takeaway foods/ chain food /kiosk 1 0 0 0 1
Total 2 0 0 0 2
Enforcement action by Casey City Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Café/restaurant 1 0 0 0 1
Total 1 0 0 0 1
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Enforcement action by City of Ballarat
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Bakery retailer 6 0 0 0 6
Café/restaurant 17 0 1 0 18
Convenience stores 1 0 0 0 1
Supermarket 1 0 0 0 1
Takeaway foods/ chain food /kiosk 5 0 0 0 5
Total 30 0 1 0 31
Enforcement action by Colac Otway Shire Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Café/restaurant 1 0 0 0 1
Total 1 0 0 0 1
Enforcement action by Corangamite Shire Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Café/restaurant 1 0 0 0 1
Hospital 1 0 0 0 1
Total 2 0 0 0 2
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Enforcement action by Darebin City Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Bakery retailer 3 0 0 0 3
Café/restaurant 5 1 0 1 7
Convenience stores 0 0 0 1 1
Manufacturer low-risk foods 1 0 0 0 1
Nuts/herbs/spices retail 1 0 0 0 1
Takeaway foods/ chain food /kiosk 3 1 0 1 5
Total 13 2 0 3 18
Enforcement action by Frankston City Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Bakery retailer 4 0 2 0 6
Café/restaurant 13 0 7 0 20
Child care 2 0 2 0 4
Club 1 0 0 0 1
Convenience stores 6 0 1 0 7
Green grocery 3 0 2 0 5
Home based retailer 0 0 1 0 1
Juice Bar 1 0 0 0 1
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Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Manufacturer potentially hazardous foods 1 0 1 0 2
Takeaway foods/ chain food /kiosk 15 0 16 0 31
Warehouse/distributors/ wholesalers 2 0 1 0 3
Total 48 0 33 0 81
Enforcement action by Glen Eira City Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Bakery retailer 2 0 0 0 2
Café/restaurant 1 0 0 0 1
Total 3 0 0 0 3
Enforcement action by Glenelg Shire Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Café/restaurant 1 0 0 0 1
Total 1 0 0 0 1
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Enforcement action by Golden Plains Shire Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Bakery retailer 1 0 0 0 1
Café/restaurant 1 0 0 0 1
Takeaway foods/ chain food /kiosk 1 1 0 1 3
Total 3 1 0 1 5
Enforcement action by Greater Bendigo City Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Bakery retailer 2 0 0 0 2
Takeaway foods/ chain food /kiosk 2 0 0 0 2
Total 4 0 0 0 4
Enforcement action by Greater Dandenong City Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Bakery retailer 1 1 0 0 2
Café/restaurant 0 2 1 0 3
Takeaway foods/ chain food /kiosk 5 0 1 0 6
Total 6 3 2 0 11
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Enforcement action by Hobson's Bay City Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Café/restaurant 3 0 0 0 3
Total 3 0 0 0 3
Enforcement action by Hume City Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Bakery retailer 0 0 0 1 1
Takeaway foods/ chain food /kiosk 0 0 0 1 1
Warehouse/distributors/ wholesalers 0 0 0 2 2
Total 0 0 0 4 4
Enforcement action by Kingston City Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Bakery retailer 14 0 0 0 14
Café/restaurant 24 0 0 0 24
Catering 1 0 0 0 1
Child care 2 0 0 0 2
Club 1 0 0 0 1
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Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Convenience stores 1 0 0 0 1
Delicatessen 2 0 0 0 2
Manufacturer low-risk foods 2 0 0 0 2
Manufacturer potentially hazardous foods 4 1 0 0 5
Supermarket 3 0 0 0 3
Takeaway foods/chain food/kiosk 55 2 0 0 57
Total 109 3 0 0 112
Enforcement action by Knox City Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Bakery retailer 0 0 0 2 2
Café/restaurant 6 0 2 0 8
Convenience stores 0 0 0 4 4
Green grocery 2 0 0 0 2
Manufacturer potentially hazardous foods 0 0 1 0 1
Takeaway foods/chain food /kiosk 1 0 0 0 1
Total 9 0 3 6 18
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Enforcement action by Manningham City Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Aged care facilities 1 0 1 0 2
Bakery retailer 4 1 1 0 6
Café/restaurant 15 0 2 0 17
Canteen/camps 1 0 0 0 1
Child care 0 0 1 0 1
Delicatessen 1 0 0 0 1
Green grocery 2 0 0 0 2
Home based retailer 0 0 1 0 1
Takeaway foods/ chain food /kiosk 2 0 3 0 5
Total 26 1 9 0 36
Enforcement action by Mansfield Shire Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Café/restaurant 1 0 0 0 1
Takeaway foods/ chain food /kiosk 1 0 1 0 2
Total 2 0 1 0 3
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Enforcement action by Maribyrnong City Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Aged care facilities 1 0 0 0 1
Bakery retailer 21 0 0 1 22
Bar/pub 2 0 1 0 3
Café/restaurant 191 5 12 1 209
Canteen/camps 7 0 0 0 7
Catering 3 0 0 0 3
Child care 2 0 0 0 2
Club 10 0 1 0 11
Coffee and dessert outlet 2 0 0 1 3
Convenience stores 34 0 0 10 44
Delicatessen 3 0 2 0 5
Green grocery 4 0 1 1 6
Manufacturer potentially hazardous foods 6 0 0 0 6
Nuts/herbs/spices retail 2 0 0 0 2
Reception centre 1 0 0 0 1
Residential care 2 0 0 0 2
Supermarket 9 0 1 0 10
Takeaway foods/ chain food /kiosk 92 2 1 1 96
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Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Warehouse/distributors/ wholesalers 5 0 0 2 7
Total 397 7 19 17 440
Enforcement action by Maroondah City Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Bakery retailer 2 0 0 0 2
Café/restaurant 1 0 0 0 1
Takeaway foods/ chain food /kiosk 2 0 0 0 2
Total 5 0 0 0 5
Enforcement action by Melbourne City Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Bakery retailer 1 0 0 0 1
Bar / pub 1 0 0 0 1
Café/restaurant 55 0 0 12 67
Catering 2 0 0 0 2
Coffee and dessert outlet 3 0 0 0 3
Convenience stores 3 0 0 0 3
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Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Juice bar 1 0 0 0 1
Manufacturer potentially hazardous foods 2 0 0 0 2
Nuts/herbs/spices retail 1 0 0 0 1
Supermarket 1 0 0 0 1
Takeaway foods/ chain food /kiosk 9 0 0 0 9
Total 79 0 0 12 91
Enforcement action by Mildura Rural City Council19
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Bakery retailer 0 0 1 0 1
Café/restaurant 1 2 2 0 5
Child care 1 0 0 0 1
Residential care 0 0 1 0 1
Takeaway foods/ chain food /kiosk 0 1 2 0 3
Total 2 3 6 0 11
19 Mildura Rural City Council was unable to submit quarter four data in 2017.
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Enforcement action by Mitchell Shire Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Café/restaurant 0 0 1 0 1
Total 0 0 1 0 1
Enforcement action by Moira Shire Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Café/restaurant 0 1 0 1 2
Takeaway foods/ chain food /kiosk 0 0 0 1 1
Total 0 1 0 2 3
Enforcement action by Monash City Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Bakery retailer 2 0 0 1 3
Café/restaurant 15 0 2 2 19
Convenience stores 1 0 1 0 2
Supermarket 1 1 0 1 3
Takeaway foods/ chain food /kiosk 5 0 1 1 7
Total 24 1 4 5 34
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Enforcement action by Moonee Valley City Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Café/restaurant 5 0 0 0 5
Total 5 0 0 0 5
Enforcement action by Moreland City Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Bakery retailer 1 0 0 0 1
Café/restaurant 4 0 0 0 4
Convenience stores 0 1 0 0 1
Supermarket 1 0 0 0 1
Warehouse/distributors/ wholesalers 2 0 0 0 2
Total 8 1 0 0 9
Enforcement action by Mornington Peninsula Shire Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Aged care facilities 1 0 0 0 1
Bakery retailer 1 0 0 0 1
Café/restaurant 8 0 0 0 8
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Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Catering 1 0 0 0 1
Takeaway foods/ chain food /kiosk 5 0 0 0 5
Total 16 0 0 0 16
Enforcement action by Moyne Shire Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Café/restaurant 1 0 0 0 1
Total 1 0 0 0 1
Enforcement action by Nillumbik Shire Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Café/restaurant 0 0 0 1 1
Delicatessen 1 0 0 0 1
Total 1 0 0 1 2
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Enforcement action by Port Phillip City Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Bakery retailer 2 0 0 0 2
Café/restaurant 26 0 0 0 26
Delicatessen 1 0 0 0 1
Supermarket 1 0 0 0 1
Takeaway foods/ chain food /kiosk 9 0 0 0 9
Total 39 0 0 0 39
Enforcement action by Pyrenees Shire Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Café/restaurant 0 0 1 0 1
Total 0 0 1 0 1
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Enforcement action by Southern Grampians Shire Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Café/restaurant 2 0 2 0 4
Supermarket 1 0 0 0 1
Takeaway foods/ chain food /kiosk 1 0 0 0 1
Total 4 0 2 0 6
Enforcement action by Stonnington City Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Café/restaurant 11 0 0 1 12
Manufacturer potentially hazards foods 2 0 0 0 2
Takeaway foods/ chain food /kiosk 2 0 0 0 2
Total 15 0 0 1 16
Enforcement action by Strathbogie Shire Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Café/restaurant 1 0 0 0 1
Total 1 0 0 0 1
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Enforcement action by Surf Coast Shire
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Café/restaurant 2 1 1 0 4
Total 2 1 1 0 4
Enforcement action by Warrnambool City Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Café/restaurant 1 0 0 0 1
Total 1 0 0 0 1
Enforcement action by Whitehorse City Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Bakery retailer 1 0 0 3 4
Café/restaurant 13 3 8 1 25
Catering 0 0 1 0 1
Child Care 1 0 0 0 1
Coffee and dessert outlet 1 0 0 0 1
Convenience stores 0 0 0 5 5
Low-risk packaged food retailer 0 0 0 1 1
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Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Nuts/herbs/spices retail 0 0 0 1 1
Supermarket 1 0 0 1 2
Takeaway foods/ chain food /kiosk 5 0 3 3 11
Total 22 3 12 15 52
Enforcement action by Whittlesea City Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Café/restaurant 1 0 0 0 1
Total 1 0 0 0 1
Enforcement action by Wyndham City Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Café/restaurant 7 2 0 8 17
Catering 1 0 0 0 1
Convenience stores 1 0 0 0 1
Green grocery 3 0 0 1 4
Manufacturer low-risk foods 0 0 0 1 1
Manufacturer potentially hazards foods 1 0 0 0 1
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Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Supermarket 1 0 0 0 1
Takeaway foods/ chain food /kiosk 3 0 0 5 8
Total 17 2 0 15 34
Enforcement action by Yarra City Council
Section 19W directions Section 21(1)(v), Notice section Section 19(3) powers concerning (vi) and (vii) – Premises type description 19(2) order closure order food safety seizure Total Bakery retailer 1 0 0 0 1
Café/restaurant 12 0 1 1 14
Takeaway foods/ chain food /kiosk 3 0 0 0 3
Total 16 0 1 1 18
The above tables display actions taken by councils under the Act. The column heading definitions are as follows: Under the Act, section 19(2) stipulates that: The relevant authority may by written order direct that, within a specified time, either or both of the following things must be done – (a) the food premises must be put into a clean and sanitary condition or be altered or improved to the satisfaction of an authorized officer; (b) specified steps must be taken to ensure that food prepared, sold or otherwise handled at the food premises is safe and suitable. Under the Act, section 19(3) stipulates that, in relation to food premises orders: (3) The relevant authority may in an order made under subsection (2) or in a subsequent written order direct that until the matters referred to in subsection (2) are complied with— (a) the food premises must not be kept or used for the sale, or the handling for sale, of any food; or (b) the food premises must not be kept or used for the preparation of food; or
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(c) the food premises must not be used for a specified purpose or for the use of any specified equipment or a specified process. Under the Act, section 19W stipulates that, concerning food safety directions: (1) The Secretary or the registration authority may direct the proprietor of a food premises to comply with any requirement under this Part relating to the premises. (2) Without limiting subsection (1), a direction may be given— (a) to comply with any record keeping requirements applying to the premises under section 19CB; (b) to comply with any specified requirement in the food safety program for the premises; (c) to comply with the staff training requirements of a QA food safety program; (d) to have the premises audited in accordance with this Act. (3) The Secretary or the registration authority may direct the proprietor of a food premises— (a) to have staff at the premises undertake training or instruction within a specified time to ensure that the requirements of this Act applying to the premises are met; (b) to have details of any staff training incorporated into the minimum records required to be kept or food safety program of the premises. (4) A direction given under this section must be in writing and must allow the proprietor at least 28 days to comply with the direction. (5) A failure to comply with the direction within the time allowed is a ground for— (a) the refusal of the registration, renewal of registration or transfer of registration of the premises; (b) the revocation or suspension of registration of the premises. Under the Act, section 21 stipulates that: Powers of authorized officers (1) In the execution of this Act an authorized officer with such assistants as he thinks necessary may— (v) seize any article by means of or in relation to which he believes on reasonable grounds that any provision of this Act has been contravened or not complied with and detain or remove to some suitable place any article so seized; (vi) mark, fasten, secure or seal any article or, where it is reasonably necessary to do so, mark, fasten, secure, or seal any door, gate or opening that he believes on reasonable grounds affords access to an article;
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(vii) seize or take samples of any thing or matter (apart from any article of which a sample may be taken pursuant to subparagraph (iv) or which may be seized pursuant to subparagraph (v) that he believes on reasonable grounds may be used as evidence in a proceeding under this Act and detain or remove to some suitable place any samples so taken or thing or matter so seized;
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Appendix 13: Offences under the Act that resulted in a conviction, by type of offence
Please note that there may be: • more than one offence per convicted party per conviction • more than one conviction per premises, that is, the proprietor was convicted of offences on more than one separate occasion • there may be a proprietor with more than one premises. Overall, there were 708 convictions under the Act in 2017, the majority falling under s. 16(1).
Offences under s. 16(1) – compliance with the Code
No. of Type of offence offences Standard 3.2.2, clause 3(1)(a) – food handling – skills and knowledge Fail to ensure persons undertaking or supervising food handling operations have skills in, 11 food safety and food hygiene matters. Standard 3.2.2, clause 3(1)(b) – food handling – skills and knowledge Fail to ensure persons undertaking or supervising food handling operations have 9 knowledge of food safety and food hygiene matters. Standard 3.2.2, clause 5(2)(a) – food receipt Fail to provide, to the reasonable satisfaction of an authorised officer upon request, the name and business address in Australia of the vendor, manufacturer or packer or, in the 1 case of food imported into Australia, the name and business address in Australia of the importer. Standard 3.2.2, clause 6(1)(a) and (b) – food storage Fail to store food in such a way that it is protected from the likelihood of contamination; 1 and the environmental conditions under which it is stored will not adversely affect the safety and suitability of the food. Standard 3.2.2, clause 6(1)(a) – food storage 62 Fail to store food in such a way that it is protected from the likelihood of contamination. Standard 3.2.2, clause 6(1)(b) – food storage Fail to store food in such a way that the environmental conditions under which it is stored 3 will not adversely affect the safety and suitability of the food. Standard 3.2.2, clause 6(2)(a) – food storage 11 When storing potentially hazardous food, fail to store it under temperature control. Standard 3.2.2, clause 6(2)(b) – food storage When storing potentially hazardous food, did fail to ensure the food remains frozen during 1 storage, if it is food that is intended to be stored frozen. Standard 3.2.2, clause 7(1)(a) – food processing 6 Fail to take all practicable measures to process only safe and suitable food. Standard 3.2.2, clause 7(1)(b)(i) – food processing Fail, when processing food, to take all necessary steps to prevent the likelihood of food 3 being contaminated.
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No. of Type of offence offences Standard 3.2.2, clause 7(1)(b)(i) and (ii) – food processing Fail, when processing food, to take all necessary steps to prevent the likelihood of food being contaminated; and where a process step is needed to reduce to safe levels any 11 pathogens that may be present in the food – fail to use a process step that is reasonably known to achieve the microbiological safety of the food. Standard 3.2.2, clause 7(2) – food processing Fail, when processing potentially hazardous food that is not undergoing a pathogen 2 control step, to ensure that the time the food remains at temperatures that permit the growth of infectious or toxigenic microorganisms in the food is minimised. Standard 3.2.2, clause 8(1) – food display Fail, when displaying food, to take all practicable measures to protect the food from the 1 likelihood of contamination. Standard 3.2.2, clause 8(2)(a) – food display Fail, when displaying unpackaged ready-to-eat food for self-service, to ensure the display 1 of the food is effectively supervised so that any food that is contaminated by a customer or is likely to have been so contaminated is removed from display without delay. Standard 3.2.2, clause 8(2)(b) – food display Fail, when displaying unpackaged ready-to-eat food for self-service, to provide separate 1 serving utensils for each food or other dispensing methods that minimise the likelihood of the food being contaminated. Standard 3.2.2, clause 8(5)(a) – food display 4 Fail, when displaying potentially hazardous food, to display it under temperature control. Standard 3.2.2, clause 9(c) – food packaging Fail, when packaging food, to ensure that there is no likelihood that the food may become 3 contaminated during the packaging process. Standard 3.2.2, clause 11(1) – food disposal Fail to ensure that food for disposal is held and kept separate until it is destroyed or otherwise used or disposed of so that it cannot be used for human consumption; returned 1 to it supplier; further processed in a way that ensures its safety and suitability; or ascertained to be safe and suitable. Standard 3.2.2, clause 13 – general requirement Fail, as a food handler, to take all reasonable measures not to handle food or surfaces 2 likely to come into contact with food in a way that is likely to compromise the safety and suitability of food. Standard 3.2.2, clause 15(1) – hygiene of food handlers 3 Subclause not specified Standard 3.2.2, clause 15(2)(a) – hygiene of food handlers Fail, as a food handler, to wash his or her hands in accordance with subclause (4) 11 whenever his or her hands are likely to be a source of contamination of food. Standard 3.2.2, clause 15(4)(a) – hygiene of food handlers Fail, as a food handler, to use the hand washing facilities provided whenever washing his 2 or her hands. Standard 3.2.2, clause 15(4)(b) – hygiene of food handlers Fail, as a food handler, to thoroughly clean his or her hands using soap or other effective 2 means, and warm running water, whenever washing his or her hands.
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No. of Type of offence offences Standard 3.2.2, clause 16(1)(b) – health of persons who handle food – duties of food businesses Fail to ensure a person known or reasonably suspected to have a symptom that may 1 indicate he or she is suffering from a foodborne disease does not engage in the handling of food for the food business where there is a reasonable likelihood of food contamination. Standard 3.2.2, clause 17(1) – hand washing facilities Fail to maintain easily accessible hand washing facilities; fail to maintain at or near each hand wash facility, a supply of warm running water and soap or other items that may be used to thoroughly clean hands; fail to ensure hand washing facilities are only used for 1 the washing of hands, arms and face; fail to provide at or near each hand wash facility, single use towels or other means of effectively drying hands that are not likely to transfer pathogenic microorganisms to the hands; and a container for used towels if needed. Standard 3.2.2, clause 17(1)(a) – hand washing facilities 14 Fail to maintain easily accessible hand washing facilities. Standard 3.2.2, clause 17(1)(b) – hand washing facilities Fail to maintain at or near each hand wash facility, a supply of warm running water and 5 soap or other items that may be used to thoroughly clean hands. Standard 3.2.2, clause 17(1)(b)(ii) – hand washing facilities 7 Fail to maintain at or near each hand wash facility, a supply of soap. Standard 3.2.2, clause 17(1)(b)(ii) and (iii) – hand washing facilities Fail to maintain at or near each hand wash facility, a supply of soap and other items that 1 may be used to thoroughly clean hands. Standard 3.2.2, clause 17(1)(b)(i)(ii) and (iii) – hand washing facilities Fail to maintain at or near each hand wash facility, a supply of warm running water, soap 1 and other items that may be used to thoroughly clean hands. Standard 3.2.2, clause 17(1)(c) – hand washing facilities Fail to ensure hand washing facilities are only used for the washing of hands, arms and 13 face. Standard 3.2.2, clause 17(1)(d) – hand washing facilities Fail to provide at or near each hand wash facility, single use towels or other means of 6 effectively drying hands that are not likely to transfer pathogenic microorganisms to the hands; and a container for used towels if needed. Standard 3.2.2, clause 17(1)(d)(i) – hand washing facilities Fail to provide at or near each hand wash facility, single use towels or other means of 10 effectively drying hands that are not likely to transfer pathogenic microorganisms to the hands. Standard 3.2.2, clause 17(1)(a), (b)(i)(ii) and (d)(i) – hand washing facilities Fail to maintain easily accessible hand washing facilities, a supply of warm running water and soap at or near each hand washing facility, and to provide single use towels or other 3 mean of effectively drying hands that are not likely to transfer pathogenic microorganisms to the hands. Standard 3.2.2, clause 18(3)(a) – general duties of food businesses Fail to take all practicable measures to ensure all people on the food premises of the 4 food business do not contaminate food.
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No. of Type of offence offences Standard 3.2.2, clause 19(1) – cleanliness Fail to maintain the food premises to a standard of cleanliness where there is no 55 accumulation of garbage, except in garbage containers; recycled matter, except in containers; food waste; dirt; grease; or other visible matter. Standard 3.2.2, clause 19(1)(a) – cleanliness Fail to maintain the food premises to a standard of cleanliness where there is no 1 accumulation of garbage, except in garbage containers. Standard 3.2.2, clause 19(1)(c)(d) and (f) – cleanliness Fail to maintain the food premises to a standard of cleanliness where there is no 3 accumulation of food waste; dirt; or other visible matter. Standard 3.2.2, clause 19(1) )(c)(d)(e) and (f) – cleanliness Fail to maintain the food premises to a standard of cleanliness where there is no 8 accumulation of food waste; dirt; grease; or other visible matter. Standard 3.2.2, clause 19(2)(a)(b) and (d) – cleanliness Fail to maintain all fixtures, fittings and equipment, having regard to its use, and those parts of vehicles that are used to transport food, and other items provided by the 3 business to purchasers to transport food, to a standard of cleanliness where there is no accumulation of food waste, dirt or other visible matter. Standard 3.2.2, clause 19(2)(a)(b)(c) and (d) – cleanliness Fail to maintain all fixtures, fittings and equipment, having regard to its use, and those parts of vehicles that are used to transport food, and other items provided by the 49 business to purchasers to transport food, to a standard of cleanliness where there is no accumulation of food waste, dirt, grease or other visible matter. Standard 3.2.2, clause 2-(1) – cleaning and sanitising of specific equipment Fail to ensure the following equipment is in a clean and sanitary condition in the circumstances set out as follows - eating and drinking utensils immediately before use; 1 and the food contact surfaces of equipment whenever food that will come into contact with the surface is likely to be contaminated. Standard 3.2.2, clause 2-(1)(a) – cleaning and sanitising of specific equipment Fail to ensure the following equipment is in a clean and sanitary condition in the 4 circumstances set out as follows - eating and drinking utensils immediately before use. Standard 3.2.2, clause 2-(1)(b) – cleaning and sanitising of specific equipment Fail to ensure the following equipment is in a clean and sanitary condition in the 18 circumstances set out as follows - the food contact surfaces of equipment whenever food that will come into contact with the surface is likely to be contaminated. Standard 3.2.2, clause 21(1) – maintenance Fail to maintain food premises and all fixtures, fittings and equipment, having regard to their use, and those parts of vehicles that are used to transport food, and other items 55 provided by the business to purchasers to transport food, in a good state of repair and working order having regard to their use. Standard 3.2.2, clause 21(2) – maintenance Fail to not use any chipped, broken or cracked eating or drinking utensils for handling 3 food.
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No. of Type of offence offences Standard 3.2.2, clause 22 – temperature measuring devices Fail, at a food premises where potentially hazardous food is handled, to have 1 temperature measuring device that is readily accessible; and can accurately measure the temperature of potentially hazardous food to +/- one degree Celsius. Standard 3.2.2, clause 22(a) – temperature measuring devices Fail, at a food premises where potentially hazardous food is handled, to have 1 temperature measuring device that is readily accessible. Standard 3.2.2, clause 22(b) – temperature measuring devices Fail, at a food premises where potentially hazardous food is handled, to have 7 temperature measuring device that can accurately measure the temperature of potentially hazardous food to +/- one degree Celsius. Standard 3.2.2, clause 23(a) – single use items In relation to all single use items, fail to take all practicable measures to ensure they do 2 not come into contact with food or the mouth of a person if they are contaminated or reasonably suspected of being contaminated. Standard 3.2.2, clause 23(b) – single use items In relation to single use items that are intended to come into contact with food or the 2 mouth of a person, take all practicable measures to protect them from the likelihood of contamination until use and not reuse such items. Standard 3.2.2, clause 23(b)(i) – single use items In relation to single use items that are intended to come into contact with food or the 2 mouth of a person, take all practicable measures to protect them from the likelihood of contamination until use. Standard 3.2.2, clause 24(1) – animals and pests Subject to subclauses (2) and (3), fail to take all practicable measures to not permit live animals in areas in which food is handled, other than seafood or other fish or shellfish, 9 and to take all practicable measures to prevent pests entering the food premises, and to take all practicable measures to eradicate and prevent the harbourage of pests on the food premises and those parts of vehicles that are used to transport food. Standard 3.2.2, clause 24(1)(b) – animals and pests 7 Fail to take all practicable measures to prevent pests entering the food premises. Standard 3.2.2, clause 24(1)(c) – animals and pests Fail to take all practicable measures to eradicate and prevent the harbourage of pests on 14 the food premises and those parts of vehicles that are used to transport food. Standard 3.2.2 – clause 24(1)(b) and (c) – animals and pests Fail to take all practicable measures to prevent pests entering the food premises and to 6 take all practicable measures to eradicate and prevent the harbourage of pests on the food premises and those parts of vehicles that are used to transport food. Standard 3.2.3, clause 3(b) – general requirements Fail to ensure that the design and construction of the food premises provides adequate 3 space for the activities to be conducted on the food premises and for the fixtures, fittings and equipment used for those activities. Standard 3.2.2, clause 5(a) – sewage and waste water disposal Fail to ensure that the food premises has a sewage and waste water disposal system 2 that will effectively dispose of all sewage and waste water.
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No. of Type of offence offences Standard 3.2.3, clause 6(a) – storage of garbage and recyclable matter Fail to ensure that the food premises has facilities for the storage of garbage and 9 recyclable matter that adequately contain the volume and types of garbage and recyclable matter on the food premises. Standard 3.2.3, clause 6(b) – storage of garbage and recyclable matter Fail to ensure that the food premises has facilities for the storage of garbage and 6 recyclable matter that enclose the garbage and recyclable matter, if this is necessary to keep pests and animals away from it. Standard 3.2.3, clause 8 – lighting Fail to have a lighting system that provides sufficient natural or artificial light for the 3 activities conducted on the food premises. Standard 3.2.3, clause 1-(1) – floors Fail to design and construct floor in a way that is appropriate for the activities conducted 9 on the food premises. Standard 3.2.3, clause 1-(2) – floors Fail to ensure floors are able to be effectively cleaned; be unable to absorb grease, food 9 particles and water; be laid so that there is no ponding of water; and to the extent that it is practicable, be unable to provide harbourage for pests. Standard 3.2.3, clause 1-(2)(a) – floors 4 Subject to clause (3), fail to ensure floors are able to be effectively cleaned. Standard 3.2.3, clause 1-(2)(b) – floors Subject to clause (3), fail to ensure floors are unable to absorb grease, food particles or 4 water. Standard 3.2.3, clause 1-(2)(c) – floors Subject to clause (3), fail to ensure that floors be laid so that there is no ponding of 2 water. Standard 3.2.3, clause 11 – walls and ceilings 2 Subclause not specified Standard 3.2.3, clause 11(1) – walls and ceilings Fail to ensure walls and ceilings are designed and constructed in a way that is 7 appropriate for the activities conducted on the food premises. Standard 3.2.3, clause 11(2) – walls and ceilings Fail to ensure walls and ceilings be provided where they are necessary to protect food 3 from contamination. Standard 3.2.3, clause 11(3)(a) – walls and ceilings Fail to ensure walls and ceilings provided in accordance with subclause (2) are sealed to 5 prevent the entry of dirt, dust and pests. Standard 3.2.3, clause 11(3)(b) – walls and ceilings Fail to ensure walls and ceilings provided in accordance with subclause (2) are unable to 3 absorb grease, food particles or water. Standard 3.2.3, clause 11(3)(c) – walls and ceilings Fail to ensure walls and ceilings provided in accordance with subclause (2) are able to 3 be easily and effectively cleaned.
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No. of Type of offence offences Standard 3.2.3, clause 11(4)(b) – walls and ceilings Fail to ensure walls and ceilings are able, to the extent that it is practicable, unable to 4 provide harbourage for pests. Standard 3.2.3, clause 12(1) – general requirements Fail to ensure that fixtures, fittings and equipment are adequate for the production of safe 1 and suitable food and fit for their intended use. Standard 3.2.3, clause 12(1)(b) – general requirements 2 Fail to ensure that fixtures, fittings and equipment are fit for their intended use. Standard 3.2.3, clause 12(2) – general requirements Fail to ensure that fixtures and fittings are designed, constructed, located and installed, and equipment must be designed, constructed, located and, if necessary, installed so that there is no likelihood that they will cause food contamination; they are able to be 5 easily and effectively cleaned; adjacent floors, walls, ceilings and other surfaces are able to be easily and effectively cleaned; and to the extent that it is practicable, they do not provide harbourage for pests. Standard 3.2.3, clause 12(2)(b) – general requirements Fail to ensure that fixtures and fittings are designed, constructed, located and installed, 2 and equipment must be designed, constructed, located and, if necessary, installed so that they are able to be easily and effectively cleaned. Standard 3.2.3, clause 12(3) – general requirements Fail to ensure that the food contact surfaces of fixtures, fittings and equipment are able to be easily and effectively cleaned and, if necessary, sanitised if there is a likelihood that 3 they will cause food contamination; unable to absorb grease, food particles and water if there is a likelihood that they will cause food contamination and made of materials that will not contaminate food. Standard 3.2.3, clause 13(2) – connections for specific fixtures, fittings and equipment Fail to ensure that fixtures, fittings and equipment that are designed to be connected to a 5 sewage and waste water disposal system and discharge sewage or waste water are connected to a sewage and waste water disposal system. Standard 3.2.3, clause 14(1)(a) – hand washing facilities Fail to provide hand washing facilities that are located where they can be easily 9 accessed by food handlers within areas where food handlers work if their hands are likely to be a source of contamination of food. Standard 3.2.3, clause 15(1) – storage facilities Fail to ensure food premises have adequate storage facilities for the storage of items that 11 are likely to be the source of contamination of food, including chemicals, clothing and personal belongings. Standard 3.2.3, clause 15(2) – storage facilities Fail to ensure storage facilities are located where there is no likelihood of stored items 7 contaminating food or food contact surfaces.
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Offences under s. 16(3) – compliance with Food Standards Code
No. of Type of offence offences Standard 1.2.5, clause 4 – prohibition on sale of food after its use-by date 2 Fail to ensure that food is not sold after its use-by date.
Offences under other sections of the Act
No. of Type of offence offences S. 8A(1) – handling food in unsafe manner in other circumstances Did handle food intended for sale in a manner that the person ought reasonably to know 1 is likely to render the food unsafe. S. 11(1) – handling and sale of unsafe food Did handle food intended for sale in a manner that will render, or is likely to render, it 9 unsafe. S. 12(1) – handling and sale of unsuitable food Did handle food intended for sale in a manner that will render, or is likely to render, the 11 food unsuitable. S. 12(2) – handling and sale of unsuitable food 1 Did sell food that is unsuitable. S. 17(1) – proprietor’s name to be affixed to premises Fail to ensure that the proprietor’s name is prominently displayed on any food premises 1 used in connection with the food business. S. 19 – orders relating to food premises 4 Fail to comply with an order made by the relevant authority. S. 19(7) – orders relating to food premises 46 Did contravene an order made under this section by the relevant authority. S. 19A(7) – orders relating to food vending machines and other equipment 5 Did contravene an order made under this section by the relevant authority. S. 19CB(6) – minimum record keeping Fail to ensure that required minimum records are kept at the premises to which they 1 relate. S. 19E(1)(a) – requirement for food safety program Fail to ensure that there is a food safety program for the premises that meets the 5 requirements of section 19D. S. 19F – food safety program must be kept at premises Fail to ensure that a required food safety program is kept at the premises to which it 10 relates. S. 29(g) – offences with respect to authorised officers and articles Did assault, obstruct or attempt to obstruct, threaten, abuse, insult, intimidate or attempt 9 to intimidate any authorized officer or other person in the exercise of his powers or authorities or the discharge of his functions or duties under this Act.
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No. of Type of offence offences S. 35A(1)(a) – requirement to be registered or to notify registration authority Did operate a food business from a food premises that is not registered with the 9 registration authority. S. 43I(1) – statement of trade Did allow a food business to operate from a temporary food premises, mobile food premises or food vending machine unless a statement of trade has been lodged in 2 accordance with this section with the council of the municipal district in which the premises or machine is being operated.
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Appendix 14: Glossary of terms
Term Definition
ACCC The Australian Competition and Consumer Commission.
(the) Act In this report, unless otherwise specified, ‘the Act’ refers to the Victorian Food Act 1984.
Approved auditor /auditor Auditors who are approved by the Department of Health and Human Services under the Act to audit food premises’ food safety
programs. They may be independent private auditors or council officers who are approved to conduct audits on behalf of their councils.
Assessment An assessment involves determining: • if a template has been used to prepare a standard food safety program, whether it is the correct template for the business, and • in all cases, whether the premises is complying with its FSP and the food safety standards. When conducted by a council, an assessment is a kind of extensive inspection of the food premises, which must include a checking of these matters.
Audit An audit of an FSP to determine that it is adequate, and that the food premises is compliant with the program and with its obligations
under the Food Safety Standards.
Australia New Zealand Food The collection of bi-national standards designed to promote national Standards Code (the Code) consistency in Australia’s and New Zealand’s food laws. It lists requirements for food businesses in relation to food safety practices, general requirements and food premises set up and equipment. It also outlines the requirements for foods such as additives, labelling and genetically modified foods.
Australia and New Zealand The food regulation system is overseen by the Forum is established Ministerial Forum on Food under the Food Regulation Agreement and has responsibility for Regulation (the Forum) developing domestic food regulation policy, developing policy guidelines for setting domestic food standards, and the promotion of a consistent approach to compliance with, and enforcement of, food standards. It also has the capacity to adopt, amend or reject standards and to request that these be reviewed.
Class 1 food premises Premises that predominantly handle high-risk food that is served to vulnerable people in hospitals, childcare centres providing long day
childcare, and aged care facilities such as nursing homes.
Class 2 food premises Premises that handle high-risk foods that need correct temperature control at all times – including cooking and storage – to keep them safe.
Class 3 food premises Premises that handle unpackaged low-risk foods or pre-packaged high-risk foods, or short-term community group ‘cook and serve’ activities
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Term Definition
Class 4 food premises Premises carrying out only low-risk food handling activities such as bottled jams or honey. Also covers simple sausage sizzles, most cake stalls, and sessional kindergartens supplying low-risk snacks. These premises are required to notify councils of their food handling activities on a once-off basis; that is, they do not need to re-notify and councils are not required to contact them annually to ascertain whether they are still operating.
(the) Code See Australia New Zealand Food Standards Code.
Community group For the purposes of the Act, an organisation that sells food solely for the purpose of raising funds for charity or is a not-for-profit body.
Compliance A situation where regulatory requirements under the Act are met. Food premises or individuals take action to comply with regulatory requirements and councils take action to ensure compliance, such as education, enforcement, prosecution and other tools to change behaviour.
Compliance assessment A check conducted to investigate whether food premises or individuals are complying with the Act. It may be an audit, assessment or inspection depending on the nature of the activities being examined.
Council Also referred to as local governments, councils are the third tier of the Australian political system. In 2017 there were 79 councils in Victoria, each consisting of between five and 12 councillors who are democratically elected to govern a geographic area in the best interests of the local community. See also municipality.
Council assessment Where a FSP template has been used to prepare a standard food safety program, an assessment of a food premises that involves
determining whether the correct template is being used by the business and whether the premises is complying with its FSP and the food safety standards.
Dairy Food Safety Victoria The independent regulator of Victoria’s dairy industry. (DFSV)
Department of Health and The Victorian department responsible for ensuring that food sold in Human Services (the Victoria is safe, suitable and correctly labelled in the majority of food department) businesses; that is, food manufacturers, retailers, cafés and restaurants, as well as premises that serve food such as hospitals
and residential aged care services. Meat, seafood and dairy retailers are regulated by specialised regulators under their own industry-specific Acts (see Dairy Food Safety Victoria and PrimeSafe).
Discretionary council An inspection of a food premises that is conducted at the discretion inspection of the council. It may be conducted because the council has concerns about the food business, or in response to any complaints
received about the premises, or it may be a random spot check.
EHO An environmental health officer.
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Term Definition
Environmental Health A national organisation that supports environmental health Professionals Australia professionals through ongoing education and research and provides (EPHA) ongoing professional development. EHPA is open to anyone who works in or has an interest in environmental health or public health and related fields.
Fixed food premises A food premises at a fixed site, as distinct to a van or portable stall or tent.
Food Act 1984 (the Act) The principal Act that controls the sale of food in Victoria. Under the Act, food business owners must ensure food sold to customers is
safe and suitable to eat. In this report, unless otherwise specified, the term ‘the Act’ refer to this Act.
Food business Under the Act, a business, enterprise or activity (other than those involved in primary production) that involves handling of food sold or intended for sale.
Food handling The making, manufacturing, producing, collecting, extracting, processing, storing, transporting, delivering, preparing, treating, preserving, packing, cooking, thawing, serving or displaying of food.
Food manufacturers Businesses that produce products for distribution beyond the local area. Distribution may include regional, national or international markets. Foods manufactured are typically sold to wholesalers or retailers for distribution to the public. For the purposes of this report, in most cases this excludes manufacturers that primarily sell direct to the public from the premises, for example, bakeries that sell to the local community from their premises.
Food premises For the purposes of the Act this refers to any premises at, on or from which food is sold or handled with the intention that it be sold, except primary food production premises. Food premises may be fixed, temporary or mobile.
Food Performance Dataset The Victorian Food Performance Dataset and the associated reporting requirements are designed to improve food safety regulation and includes a common set of concepts, data elements and edit/validation rules that define the basis of activities carried out under the Act. The use of a common set of data elements across all council municipalities promotes a consistent approach to the administration of the Act across the state, as provided in s. 7A.
Food recall A request to return to the maker a batch or an entire production run of a food product due to the discovery of safety issues. A recall may be mandatory or voluntary.
Food safety Refers to a food supply that does not endanger consumer health through biological, chemical and/or other contaminants. Food safety and quality control ensures the desirable characteristics of food are retained through the cycle of production, handling, processing, packaging, distribution, preparation and sale.
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Term Definition
Food safety program (FSP) A documented program developed by a business that describes how it will manage food safety through the identification and control
of hazards in the production, manufacturing and handling of food as described in the Hazard Analysis and Critical Control Point (HACCP) system. The program also specifies the records that the business maintains to demonstrate the implementation of the program and actions taken to keep food safe.
Food safety supervisor Under the Act class 1 and most class 2 businesses must have a food safety supervisor whose role is to supervise food handling in
the business, and make sure that all staff understand how to handle food safely and are following the food safety program.
Food safety surveillance The surveillance of food for physical, chemical and microbiological contaminants. In Victoria, the department monitors the safety of food in the food chain in conjunction with local council and associated laboratories. Under the Act, food analysts regularly test food samples submitted by councils for pathogens that can cause food poisoning. There is a coordinated approach to food sampling across the state.
(The) Forum See Australian New Zealand Ministerial Forum on Food Regulation.
FSU (the Food Safety Unit) The FSU is responsible for ensuring that food sold in Victoria is safe, suitable and correctly labelled in the majority of food businesses; that is food manufacturers, retailers, cafés and restaurants, as well as premises that serve food such as hospitals and residential aged care services. Meat, seafood and dairy retailers are regulated by specialised regulators under their own industry-specific Acts (see Dairy Food Safety Victoria and PrimeSafe).
Food Standards Australia A statutory authority operating under the Commonwealth Food New Zealand (FSANZ) Standards Australia New Zealand Act 1991. This authority develops, in conjunction with all states, territories and industry, standards for food composition, labelling and contaminants, including microbiological limits, that apply to all foods produced or imported for sale in Australia and New Zealand. These standards cover the food supply chain – from farm-gate to plate – for both the food manufacturing industry and primary producers. Under the Act, businesses are required to comply with these standards.
FRSC Food Regulation Standing Committee, a sub-committee of the Forum.
Hazard Analysis and Critical A management system in which food safety is addressed through Control Point (HACCP) the analysis and control of biological, chemical, and physical hazards from raw material production, procurement and handling, to manufacturing, distribution and consumption of the finished product.
High-risk food The nature of food, together with the way it is handled and the vulnerability to illness of the person eating the food, determines food safety risk. The terms ‘high-risk’ and ‘low-risk’ are used in this report for ease of reference. High-risk food refers to foods that require more careful handling to keep them safe. This usually involves temperature control (refrigeration and/or cooking to a sufficiently high temperature) to control or kill pathogens that can cause food poisoning.
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Term Definition
Independent FSP A FSP tailored specifically for the food premises. The Act describes these as ‘non-standard food safety programs’. They are often referred to as proprietary or independent programs.
Infringement notice An infringement notice requires payment of a fine as a penalty for breaking the law. Since 1 March 2011 infringement notices may be issued in Victoria for certain hygiene or handling breaches under the Act. The list of infringement offences is contained in Schedule 1 of the Act.
Initial registration The initial grant of registration to a food premises by the responsible council.
ISFR The Implementation Sub-Committee for Food Regulation, a sub- committee of the Forum.
Mandatory inspection An inspection of a food premises required under the Act that is conducted by a council for purposes including ensuring that the
premises is complying with the Act and the applicable food safety standards and the Food Standards Code.
Mobile food premises A food premises that is a vehicle, for example, a food van or coffee cart.
Municipal Association of MAV is the legislated peak body for local councils in Victoria and Victoria (MAV) was formed to support councils and councillors.
Municipality Refers to the geographic area for which Victoria’s 79 councils are responsible as the third tier of the Australian political system. See also council.
Noncompliance A situation where a food premises or individual does not follow the regulatory requirements under the Act.
Notification Once-off requirement under the Act for a class 4 food premises to inform the responsible council of the basic details of a food
premises such as business type, nature of business, food types handled, physical address and contact details.
Pathogen A bacterium, virus or other microorganism that can cause disease.
PrimeSafe A statutory authority operating under the Meat Industry Act 1993 and Seafood Safety Act 2003 to regulate the safety of meat, poultry and seafood.
Principal council (or Under Victoria’s statewide system for registration/notification of a registering council) food van or stall, one council must be primarily responsible for, and approve, a business’s food handling operations at its portable premises. Known as the principal council (or registering council), this is the council a food business will deal with most in the future. In effect, the principal council registers the food van or stall for the state and therefore on behalf of all other councils in whose municipalities it will trade. It is responsible, together with those ‘trading councils’, for monitoring compliance. It can take enforcement action where this is required.
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Term Definition
Proprietor For the purposes of this report, ‘proprietor’ refers to the business, community group or not-for-profit organisation responsible for the operation of a food premises.
Register of convictions S. 53D of the Act requires the Secretary to the Department of Health and Human Services to keep a register of convictions for offences under the Act or the regulations. S. 53E requires that register to be published on the department’s website
Registering council See principal council.
Registration Requirement under the Act for class 1, 2 and 3 food premises to register with the responsible council.
Retail food premises Food premises that sell direct to the public. They may or may not produce food from raw ingredients for distribution within the immediate local area. For example; supermarkets, temporary market stalls, bakery, fresh pasta premises.
Risk-based classification Under the Act, food premises classification is based on the type of food handled or produced by the business and is largely determined
by the microbial hazards posed by food handled on site; that is, the more potential for things to go wrong during a business’s food handling processes, and the greater the impact on people’s health when food becomes hazardous during the food handling process, the higher the classification. This risk-based approach enables resources to be targeted to the areas where they are most needed and will prove most effective. It involves a series of steps to identify and assess food safety risks and then apply appropriate measures to control these risks. There are four classes: class 1 to 4.
Standard FSP A FSP is a written program that shows how the business will ensure the food sold is safe. A standard FSP is prepared using a template
that has been registered with the Department of Health and Human Services. It is a more straightforward and inexpensive approach for businesses compared with employing someone to prepare an independent (proprietary) FSP tailored specifically for the business.
Statement of trade (SOT) Once the principal council grants statewide registration/notification to food vans or stalls, proprietors must inform all relevant councils about their trading intentions. At least five days before trading, they must lodge an Act statement of trade in each municipality where their vans or stalls will be operating.
Streatrader Streatrader is an online system managed by the FSU for proprietors to register and notify temporary and mobile food premises and water transport vehicles in Victoria.
Temporary food premises Refers to a tent, stall or other structure that is not permanently fixed to a site from which food is sold, or a permanent structure such as a community hall not owned or leased by the food business that operates the premises and in which food is handled for sale, or from which food is sold on an occasional basis.
Transfer of registration The transfer of registration of a food premises to the new proprietor.
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Term Definition
Warehouse/distributor Food premises, where goods that require dry or cold storage are kept pending distribution to other food premises, for example to retail food premises. Includes food wholesalers and importers.
Water transport vehicle A vehicle used by a private water carter to transport water that is intended for human consumption or for purposes connected with human consumption. For the purposes of the Act, these are class 3 premises.
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Appendix 15: Text equivalent descriptions of figures
Figure 1: Food regulation in Australia and New Zealand Food safety regulatory framework At the nation food regulation level, Australia and New Zealand Forum on Food Regulation sets policy and Food Standards Australia New Zealand decides standards. FRSC and ISFR subcommittees provide advice. The Victorian food regulatory system comprises the Minister for Local Government, the Minister for Health, the Minister for Agriculture and the Minister for Consumer Affairs. The next level comprises Department of Economic Development, Transport, Jobs and Resources (Local Government Act 1989), the Department of Health and Human Services (Food Act 1984), the Department of Economic Development, Transport, Jobs and Resources (Livestock Disease Control Act 1994, Agricultural and Veterinary Chemicals (Control of Use) Act 1992, Food Act 1984), Consumer Affairs Victoria (Fair Trading Act 1999, Australian Consumer Law 2010) — policy development support. The second-last level comprises 79 Councils (Food Act 1984), Municipal Association of Victoria, Dairy Food Safety Victoria Act 2000, Prime Safe, Meat Industry Act 1993, Seafood Safety Act 2003 — business regulator. The last level is the Victorian Food Regulators Forum. For more information, see Victoria’s regulatory food framework
Figure 8: Fixed, mobile and temporary food premises registrations in 2017 across Victoria • 5,447 mobile food businesses registered in Victoria in 2017 • 23,620 temporary food premises registered in Victoria in 2017 • 48,331 fixed food businesses registered in Victoria in 2017
Figure 9: Snapshot of fixed, mobile and temporary food businesses in Victoria in 2017 Class 1 premises: fixed = 2,481 Class 2 premises: fixed = 35,559; mobile = 3,079; temporary = 10,270. Class 3 premises: fixed = 10,291; mobile = 2,189; temporary = 9,710 Class 4 premises: mobile = 57; temporary = 3,640.
Figure 10: Number of total infringement notices issued by councils to fixed premises since 2014 2014 = 169 2015 = 196 2016 = 341 2017 = 479
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Figure 11: Statutory food surveillance tests conducted on food samples by type of testing Labelling = 0.01% Other = 0.1% Allergens = 0.2% Physical = 0.2% Chemical = 8.2% Microbiological = 91.4%
Figure 12: Food recalls across Australia in 2017 In 2017, food recalls were the result of the following reasons: • chemical/contaminant = 1 • labelling = 2 • biotoxins = 4 • microbial contamination = 8 • other = 10 • foreign matter = 10 • undeclared allergens = 34
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